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

Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Although Toyota has been in the spotlight recently, "unintended acceleration has been a problem across the auto industry, according to an NPR analysis of consumer complaints to federal regulators." According to the NPR News investigation, other automakers, including  Volkswagen, Volvo and Honda, have had significant complaint rates for some of their models. "The analysis covers about 15,000 complaints filed over the past decade, covering cars back to the 1990 model year. The complaints were filed with the National Highway Transportation Safety Administration, which regulates auto safety," states the NRP report.

If you experience any problems with your car, you can register a complaint with the National Highway Transportation Safety Administration by clicking here.

Technology is often shared, so it is not surprising to learn that cars from different manufacturers have similar defects.  If you are unsure about the safety of your vehicle, please get it inspected immediately.  Even minor defects can have devastating consequences.

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

The Los Angeles Times reports that House Oversight and Government Reform Chairman Edolphus Towns said that Toyota "'deliberately withheld' evidence in lawsuits related to vehicle safety, exhibiting a 'systematic disregard for the law.'" According to the report, Towns stated that Toyota created secret "Books of Knowledge" that included information about design defects, but never disclosed their existence in lawsuits, according to internal company documents released by the committee Friday.  "We have to get to the bottom of this," Towns said in an interview. 'It is a situation that is just not going to go away if we ignore it.'"

Time magazine reviewed the progress of the congressional hearings concerning Toyota's safety crisis and noted that "the spectacle failed to answer a key question: whether Toyota has pinpointed the problems that caused it to recall more than 8 million cars, including over 6 million in the U.S., since last fall." Toyota CEO Akio Toyoda clearly has a tough road ahead of him in attempting to restore the company's image.  Of course, that image was of the company's own doing.

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

This week Congressman Bruce Braley (Iowa) participated in the Toyota recall Oversight and Investigations Hearing.  I think you will find his questioning particularly illuminating.  Click here to view his questioning of Toyota's Chief Operating Officer.

What's becoming clearer as the hearings progress is that Toyota's business philosophy must undergo a sea-change.  Putting profits over safety, which is what seems to have been its business model, is un-American and dangerous.

To read some of my other blogs about Toyota's recent problems, please clicks the following links:

• Toyota Officials May Have Put Profits Over Safety
• Toyota Acceleration Defect Linked to 34 Fatalities, Says NHTSA
• Toyota Recalls 400k Defective Prius and Other Hybrid Cars
• Toyota Suspends Sales of Eight Car Models
• Toyota, Lexus Owners Make Sudden-Acceleration Complaints

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

The Washington Post reports that Metro's "decision to mix different brands of signaling equipment -- despite a warning from one of the manufacturers -- could have caused the June crash that killed nine people, a senior engineer with the company," Alstom, "said Wednesday at a federal safety hearing." Information released by the NTSB "has pointed to possibly faulty and aging equipment in the failure of the automated crash-avoidance system. But the information on the signaling system attempts to shift blame to Metro's maintenance, testing and installation procedures."

As you may know from reading my prior blogs, my firm represents victims of this tragic and avoidable crash. 

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

I have been blogging a lot about the recent problems facing Toyota.  In response to these problems, the Wall Street Journal has published an opinion piece, titled “Why We Need Trial Lawyers.”  To better understand the work we do as trial attorneys, please click here to view the full WSJ article.

There are many who wish to strip Americans of their civil rights in order to reap profits.  Those greedy folks seem to care little about those that are victims of carelessness and corruption.  I am proud to represent Americans every day, helping them to obtain justice following tragedy and wrongdoing.

If you have questions about our civil justice system, don't seek answers from those who spew rhetoric just to pad their profits.  Give me a call instead.  I'd be happy to share the facts with you.

Be safe.

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

According to several news sources, Toyota officials apparently boasted about becoming subject to merely a limited recall in 2007 concerning defects in its automobiles. Per the CBS Evening News, the AP reported that "Toyota officials boasted last summer they saved $100 million back in 2007 when negotiating a limited recall of certain models with the federal government." The piece notes that the National Highway Traffic Safety Administration (NHTSA) "has received more than 2,000 complaints of sudden acceleration and 34 deaths have been blamed on Toyota vehicles" over the past decade, "according to the Detroit News, which also says the Administration was investigating Toyota for accelerator problems as early as 2003. Nevertheless, Toyota was never told to fix anything, and the investigation ended."

USA Today reports that "an internal Toyota document" states that the savings came from "getting the government to OK just replacing floor mats in 55,000 vehicles as a solution to sudden acceleration complaints. It's listed under 'wins for Toyota -- safety group' in the report, which is among documents obtained by a subpoena from the House Committee on Oversight and Government Reform. That and other references to saving money on safety issues raise the question of 'whether Toyota was lobbying for less rigid actions from regulators to protect their bottom line,' said Kurt Bardella, spokesman for the committee's ranking Republican, Darrell Issa of California." The document also said that "'NHTSA is more sensitive to public/congressional criticism' and that, combined with changes in regulations, will result in 'more investigations and more forced recalls.'"

The AP says that the documents "could set off alarms in Congress over whether Toyota put profits ahead of customer safety and pushed regulators to narrow the scope of recalls. Two House committees are holding hearings this week on" Toyota's recalls.

I hope Congress presses Toyota officials hard on when they knew of concerns, when they reacted, how they reacted, and whether the company did, indeed, put profits over the safety of Americans.  Americans have had enough with corporate greed, which leads to serious injuries and death, while corporations pad their profits.  Let's hope Toyota wasn't one of those companies.

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

NBC Nightly News reported that "Federal safety officials said today the number of deaths that could be linked to sudden acceleration of Toyotas is now up to 34, based on consumer complaints they've received. The National Highway Transportation Safety Administration says it's normal for complaints to increase after people get word of a recall as more people become aware of safety defects that could have contributed to accidents in the past." The CBS Evening News also noted the NHTSA announcement in a similarly brief report.

USA Today reports that NHTSA "has received complaints alleging an additional 21 fatalities linked to Toyota's sudden-acceleration incidents," which "brings to 34 the total number of fatalities in 26 accidents that complaints to NHTSA allege are linked to sudden acceleration by Toyota products." NHTSA "also has seen a jump in brake-related complaints for the 2010 Toyota Prius. When NHTSA began investigating problems with Prius brakes, it had 124 consumer complaints in its database," but "since the investigation was opened Feb. 3 and publicized, nearly 1,000 more complaints have been filed."

The Washington Post adds that Toyota "announced a voluntary safety recall to inspect the front drive shaft on some 2010 Tacoma four-wheel-drive trucks. Officials said the front shaft in about 8,000 vehicles might include a component that has cracks created during the manufacturing process, which could lead to separation of the drive shaft at the joint portion."

If you own a model affected by a recall, please have your vehicle inspected and do not drive it.  It could be a matter of life and death.

Travel safely.

 

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Earlier today Toyota announced a global recall of more than 400,000 Prius and other hybrid vehicles due to defects in the braking system of the vehicles. "Toyota President Akio Toyoda used extraordinary language at a press conference here to apologize for quality and safety issues that have led to the recall of more than 7 million vehicles in recent months. He repeated three times that Toyota was neither failure-proof nor 'omnipotent,' and he said that his company would now 'redouble our commitment to quality as the lifeline of our company,'" according to the Washington Post. 

The defect causes delays in the braking capacity of the recalled vehicles while on icy or bumpy roads.  The recall applies to "223,000 hybrids sold in Japan, along with 133,000 Prius cars and 14,500 Lexus HS250h vehicles in the United States. Nearly 53,000 Priuses are also being recalled in Europe. It begins in Japan on Wednesday and in the United States 'as soon as possible,' the company said, and as reported by the Post.

If you own a Toyota that has been recalled, you should stop driving it and get t to a dealer for repair immediately.  To learn more about this recall, visit Toyota's website.

I have blogged about Toyota recalls previously.  To read my previous posts, please select the following links:

•      Toyota, Lexus Owners Make Sudden-Acceleration Complaints
•      Deaths Lead Toyota to Recall Defective Cars
•      Toyota Will Change Accelerators to Avoid Jamming
•      Toyota Suspends Sales of Eight Models

Again, if you own a model affected by the recalls, please have your vehicle inspected.  It could be a matter of life and death.

Travel safely.

 

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

For the first time in American history, a car manufacturer--Toyota--has told its dealers to stop selling eight of its models due to a potentially dangerous defect.  The models have potentially defective gas pedals (accelerator pedals) that could get stuck, leading to unavoidable car crashes.

The Washington Post (1/27, Mufson, Haynes) reports, Toyota "told its dealers to temporarily stop selling the RAV4, Highlander and Sequoia sport-utility vehicles; Corolla, Camry and Avalon cars; Matrix hatchbacks; and Tundra pickups." The Post notes, "The standstill is a huge setback for a company that built its business largely on a reputation for reliability and which perennially vies with General Motors and Volkswagen for the number one sales ranking among world auto companies." And "it left many loyal Toyota customers worried about safety and confused about what to do, because Toyota isn't sure how to fix the problem."

The New York Times (1/27, A1, Bunkley) reports on its front page, "Toyota said the move was intended to restore confidence in the automaker, and the safety of its products. One analyst said many consumers might have a different reaction." Toyota's "acknowledgement of problems with acceleration pedals reawakens one of the oldest safety issues in the auto industry. Manufacturers have long dismissed that a vehicle can race forward out of the driver's control, contending that the problem takes place when a driver mistakenly pushes the accelerator while trying to hit the brake pedal." The Wall Street Journal (1/27, Linebaugh) also reports the story.

Here's a list of the recalled models:

• 2007-2010 Camry
• 2005-2010 Avalon
• 2004-2009 Prius
• 2005-2010 Tacoma
• 2007-2010 Tundra
• 2007-2010 ES 350
• 2006-2010 IS 250 and IS350

I have blogged about Toyota recalls previously.  To read my previous posts, please select the following links:

•      Toyota, Lexus Owners Make Sudden-Acceleration Complaints
•      Deaths Lead Toyota to Recall Defective Cars
•      Toyota Will Change Accelerators to Avoid Jamming

If you own a model affected by the recall, please have your vehicle inspected.  It could be a matter of life and death.

Travel safely.

 

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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

                                                                                                                    

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

                                                                                                                    

The Milwaukee Business Journal (12/10) reported, "Harley-Davidson Inc. is recalling 111,569 motorcycles manufactured from June 6, 2008, through Nov. 19, 2009, because of a threat of gasoline leaking in the event of a frontal collision. The recall affects some 2009 and 2010 touring bikes, including CVO Touring and Trike products, according to information from the National Highway Traffic Safety Administration." The federal agency "said the motorcycles' front fuel tank mounts may distort as a result of a front-end crash, creating the potential for fuel to leak and ignite after a crash."

According to the recall, dealers will make repairs to the motorcycles free-of-charge.  Consumer can call Harley-Davidson at (414) 343-4056 for more information.

This defect is obviously extremely dangerous.  If you own a motorcycle that ha been recalled, please do not use it again until it has been properly repaired or replaced.  I represent many victims of automobile defects, and the consequences of those defects can be devastating.

Please be safe.

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  Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

All too often, employers consider profits over people, allowing their job sites to fall short of applicable safety standards, endangering American workers.   There are strict federal and local laws in place that govern workplace safety.  Unfortunately, these laws are often ignored and poorly enforced.  As a result, workers are killed or otherwise seriously injured every day.

Please take a look at a video that you can view by clicking here.  It  dramatically explains how workers are needlessly killed or injured as a result of preventable incidents.

There are workers'-compensation laws in every state that provide benefits to injured workers.  My office handles those kinds of claims routinely.  However, those laws do not make the workplace safer, which should be the primary goal.  Employers need to create safe work environments so that deaths and serious injuries can be avoided in the first place.  If they fail to adhere to the laws governing safe work environments, they should be shut down.  It's a matter of life and death.

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Children all across America take buses to school.  It is usually a safe mode of transportation.  Unfortunately, according to AAA, "each year, nationally, about 19 school aged children are killed in school transportation-related traffic crashes. On average, 5 are passengers on the bus and 14 are pedestrians."  Many more suffer non-fatal injuries.

I recently represented a woman who was struck by a bus. She almost lost her leg.  To hear her story, please click here. She is one of many clients that I have represented, and still do represent, who have endured tragic, life-altering injuries as a result of carelessness on the road.  Another client of mine is a student who was hit by a passenger vehicle that failed to stop behind a bus that slowed for my client, a pedestrian. She suffered a tragic brain injury.  I have too many stories like these to tell.  Careless driving can change lives forever in a moment.

Here are some useful tips to remember to maximize safety:

"TIPS FOR DRIVERS:

• Watch for children at bus stops and for children walking to and from bus stops.
• Yellow flashing lights on a school bus mean that a bus is preparing to stop. Do not try to beat the bus! Begin slowing and prepare to stop your vehicle.
• Red flashing lights indicate that a bus has stopped to load or unload children. Be very aware and pay close attention. Stop your car and wait for the lights to stop flashing before you move your vehicle. Passing a loading or unloading school bus is reckless driving!

AT THE BUS STOP:

• Get to the bus stop at least five minutes before the bus is scheduled to arrive.
• Remain orderly at the bus stop and pay attention to traffic. This is no place to play.
• Obey the School Safety Patrol.
• Stand at least 5 giant steps (10 feet) away from the edge of the road.

WHEN ENTERING THE BUS:

• Wait until the bus stops, the door opens, and the driver says it's okay before stepping onto the bus.
• Be careful that clothing with drawstrings and book bags with straps or dangling objects do not get caught in the handrail or door when exiting the bus.
• If you must cross the road to enter the bus, walk in front of the bus; never walk behind the bus.
• Wait for a signal from the driver.

WHEN EXITING THE BUS:

• Walk on the sidewalk or along the side of the road to a point at least five giant steps (10 feet) ahead.
• Be sure the bus driver can see you, and you can see the bus driver.
• Stop at the edge of the bus and look left-right before crossing.
• Tell the bus driver if you drop something beside the bus. Never try to pick it up because the driver may not be able to see you.
• Be alert to all traffic."

Please drive safely this holiday season and always.

 

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Posted by Catherine Bertram                                                   

Of the Washington metropolitan area’s 351 total traffic fatalities last year, 33% (116) of these roadway deaths were alcohol and or drug-related.  The Washington Regional Alcohol Program's annual effort to keep our community's streets safer throughout the holiday season starts today.   The Holiday SoberRide program provides free taxi rids home throughout the DC metro area from 10 p.m through 6 a.m.  The program ends at 6 a.m. on New Year's Day.  People 21 and over should call 800-200-8294 or press #8294 from an AT&T wireless phone.  

The statistic is shocking, 116 deaths in our community last year as a result of drunk or impaired driving.   We need to do everything we can to educate people about the dangers and the safe alternatives.

Our firm has significant experience representing families who have lost loved ones and individuals who suffered life altering injuries as a result of drunk or impaired drivers.   For information about your legal rights, please email Catherine Bertram at cbertram@reganfirm.com or call Ms. Bertram directly at 202-833-1875.

 

 

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 Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

The Houston Chronicle reported that the National Transportation Safety Board (NTSB) has "called for tighter oversight of the passenger bus industry in the wake of a fatal Jan. 2, 2008, crash that killed a passenger after the driver fell asleep at the wheel." The NTSB "urged other federal agencies, namely the National Highway Traffic Safety Administration, the Federal Motor Coach Safety Administration and U.S. Customs and Border Patrol, to better coordinate efforts to root out buses and other coaches that don't meet U.S. safety standards."

Under Department of Transportation regulations, carriers are required to ensure their drivers are fully qualified. Before stepping onto a bus or motor coach, do some research.  Here are some questions any company should answer without hesitation, or you should reconsider using that company's services:

Ask the carrier:

• Will the driver of the vehicle possess a current Commercial Driver's License with a "passenger" endorsement?
• Will the driver hold a valid medical certificate?
• Does the company have a driver drug and alcohol testing program that complies with DOT regulations?

And here's some additional useful information from the Federal Motor Carrier Safety Administration:

"Ask for the carrier's USDOT identification number and its MC number. The MC number represents interstate operating authority issued by the Federal Motor Carrier Safety Administration (FMCSA). Using the MC number, you may obtain insurance information about the carrier on the Internet at http://li-public.fmcsa.dot.gov. Using the U.S. DOT identification number, you may obtain safety information about the carrier on the Internet or by calling (703) 280-4001. If you have a regulatory question, please call (202) 366-6121.

This information is also available on the Internet at http://safer.fmcsa.dot.gov ."

About 63,000 buses are involved in traffic crashes each year, resulting in approximately 325 deaths and 14,000 non-fatal injuries. As a lawyer who dedicates his practice to representing victims of carelessness, including people who have been injured as a result of mass transit collisions, I know first-hand how important it is to increase oversight of the industry.  By not adhering to federal and local regulations, company's place passengers and others on the roadway in serious peril.  Urge your legislators to take this matter seriously.

Travel safely.

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Posted by: Salvatore J. Zambri, Esquire

The AP (12/7) reported, "Cars made by Toyota registered far more complaints about sudden acceleration in its 2008 model-year vehicles than any other automaker, a new study has found. Toyota and Lexus vehicles received 41 percent of all consumer complaints to a federal database about runaway acceleration, more than Chrysler, General Motors, Honda and Nissan combined, analysis by Consumer Reports found."

The National Highway Traffic Safety Administration records complaints and, according to the AP report, Jeff Bartlett, deputy online automotive editor at Consumer Reports, remarks that "this is a very real problem."

Earlier this year, Toyota recalled approximately 4.26 million vehicles following some crashes that killed operators and passengers of their vehicles. Toyota claims to be taking corrective action.  The AP report notes, "A Los Angeles Times review found that 19 people have died in sudden acceleration accidents involving Toyota vehicles since the 2002 model year, more than all other automakers combined. In addition, the Times found that complaints of sudden acceleration increased dramatically after the automaker began replacing mechanical throttles with electronic throttle systems in the 2002 model year." Obviously, others have been serious injured.

We hope that Toyota gets to the bottom of its product defect swiftly so that no other person is exposed to the serious danger it presents.  If you own a Toyota, we encourage you to get your vehicle inspected, especially if you have encountered a sudden acceleration or other unusual problem.

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By Catherine D. Bertram, Partner

According to the New York Times article, by Matt Richtel, a victim's family has sued the wireless company after they lost their mother when she was killed by a driver using his cellphone.  The driver of the other vehicle, reportedly admitted that he was distracted by a cell phone call when he ran a red light and struck the other vehicle killing Ms. Doyle. 

Mr. Hill, who pleaded guilty to negligence homicide, a misdemeanor in Oklahoma, said he was not aware of the education efforts of wireless companies.   

The lawsuit is filed in Oklahoma.  According to the Times article, this is one of a handful of such cases.  According to Kenneth A. Bamberger, a professor at Berkeley School of Law, these cases are compelling because they address the ultimate issue of whether companies who profit from devices should also have responsibility to educate on the safe use of such devices and whether these same companies should contribute to minimizing the risk of use of these same devices.

 Our firm has extensive experience litigating cases involving distracted and dangerous drivers, including automobile accidents.   We know how devastating these injuries can be for the victim and the entire family. 

 

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Posted by: Salvatore J. Zambri, Esquire

The end-of-year holiday season is a joyous time of the year for most people.  Unfortunately, tragic things inevitable happen to some people each year.  We wish you a peaceful, happy, and safe holiday season.  With that in mind, please keep these helpful hints in mind as you celebrate.

1)  If placing a Christmas tree in your home, be sure it is not near a used fireplace, by a vent, or next to any other heat source.

2)  Be sure all light strands are intact, without wire fray.

3)  Never drive after drinking alcohol.

4)  Never get in a car when the driver has had alcoholic drinks.

5)  Question the driver of a car before getting in a vehicle to be sure the driver has had no alcoholic beverages.

6)  Shut lights off before going to bed.

7)  Be sure fire in fireplace has been completely put out before going to bed.

For more holiday safety tips, go to the U.S. Fire Administration's website by clicking here.

Have a very happy holiday season!

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Posted by: Salvatore J. Zambri, Esquire

A Virginia jury just recently awarded $8 million in damages to a woman who suffered severe injuries as a result of being struck by a bus owned by the GRTC Transit System.  The plaintiff now suffered significant chronic pain as a consequence of serious injuries to her spine and shoulder, as well multiple fractures to her hip and pelvis.  Although the jury awarded what it believed was fair, the injured victim of the bus company's negligence will be forced to endure a lifetime of pain and suffering, and will be plagued with physical restrictions forever.

I have represented many people who have been hit by bus and truck operators who have failed to pay attention while operating their large vehicle, altering the lives of innocent people forever.  We encourage employers to carefully screen their employees, so that only good drivers are behind the wheel of such dangerous automobiles.  Employers should continue to test and train their employees throughout their tenure on the job as well. In addition, operators should be given incentives to drive carefully.  People should always be put before profits.

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Posted by: Salvatore J. Zambri, Esquire

Teens and their parents are texting fanatics.  That's what a recent study shows.  And it's getting worse.

A report by the Pew Research Center's Internet & American Life Project indicates that one out of four (25%) of American cellphone-owning teens ages 16 to 17 text while driving, and "almost half of Americans ages 12 to 17 say they've been in cars with someone who texted while behind the wheel," according to a Washington Post report.

Not surprisingly, the National Highway Traffic Safety Administration has announced that the rate of distracted-driving deaths is highest among drivers below 20 years old.  According to the Post report, "The administration said that 5,870 people died and about 515,000 were injured last year in accidents attributed to distracted driving. Twice as many fatalities, 11,773, were attributed to drunken driving."

Of course, the actual number of accidents caused by texting is likely much higher than what is reported since it is much harder to detect whether someone was texting at the time of the collision.

We need tougher laws that meaningfully punish those who make conscious decisions to distract themselves while placing their own lives and the lives of other in great danger. Tougher laws will also deter would-be texters from doing so behind the wheel.  And parents need to set better examples. If your child sees you text (or use your hand-held phone, or eat) while driving, then he or she will believe it is fine to act so selfishly and dangerously.

Here' s a link to a graphic public service video shown in Britain.  It shows a terrible car crash. The at-fault driver was texting, got distracted, and killed someone.  This video has been widely viewed on the internet, but it has had little impact on teen driving habits. 

I hope teens, and Americans of all ages, learn quickly how dangerous it is to drive while being distracted.  If they don't, more tragic deaths and serious injuries will result.

We encourage our readers to be active in your community to foster change.  Your voices are strong.  Be heard.  Educate your children and fight for tougher laws so that our American roadways can be safer for all people.

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Posted by: Salvatore J. Zambri, Esquire

Marketwatch recently reported that "Toyota Motor Corp. will make changes to gas pedals in certain U.S. models under an agreement with the U.S. National Highway Traffic Safety Administration, according to a published report, in response to accidents blamed on the accelerators getting stuck to the floor mats."  Nevertheless, Toyota "still maintains that the vehicles are not actually defective. But to settle the potentially image-damaging issue, it will change the gas pedals so they are less likely to get stuck." Reuters covered the story as well.

We believe that it is important for Toyota to make the accelerator pedals as safe as possible.  A stuck accelerator on one car is a serious defect on one car too many, as the lives of those in the car, others driving, and nearby pedestrians are at stake.  The goal should always be to put people over profits.  We are pleased that safety modifications will be made.

To read another of my blog's about a Toyota recall, please click here.

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Posted by: Salvatore J. Zambri, Esquire

Product recalls or warnings take place every day in this country.  They relate to drugs that cause initially unexpected health problems, cars that have faulty systems that endanger lives, foods that have been found to be contaminated, etc.  What may surprise you, though, is how often companies know about dangers, but do nothing to protect the public so as to maximize profits.

The American Association for Justice has published a report that contains true stories about corporations that despite knowing about their products dangers, nevertheless continued to market them in an effort to pad profits.  Here are some examples, according to the publication:

"• A company that discovers its medical device is little more than a bomb
waiting to go off in people's hearts... and decides not to tell anyone.
• A pharmaceutical company that discovers that its drug causes severe side
effects in pediatric patients... and then spends hundreds of millions of
dollars marketing to children.
• A company that discovers its bulletproof vests are defective... and then sells
them anyway to be worn by law enforcement, the military, and the President
of the United States.
• A company that discovers rodent droppings are contaminating its food
products... and then orders them re-cooked and sold anyway.
• A car company that discovers that if it does not spend $11 per car to fix a
defect, hundreds of people will be horribly burned... and decides it would be
cheaper to let them burn."

The report notes that these stories are not isolated. Such corporate continues in America today, just as it has for decades past.  One might wonder how it was determined that the companies acted so egregiously.  How were Americans ultimately protected from such greed?  The civil justice system.  Injured victims went to attorneys who did the hard work necessary to go up against the Goliath corporations to unearth their wrongdoing.  As a result, changes were made, and people were no longer exposed to the dangers.

I am proud to be an attorney that specializes in personal injury matters, including product liability claims.  It is very gratifying to be able to help innocent people who have been terribly injured as a result of corporate greed.  Not only am I able to help the individual client, but the changes that come about as a result of our work protect Americans everywhere.  Hopefully, corporations will learn that putting profits over people is a bad business plan.

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Posted by: Salvatore J. Zambri, Esquire

Halloween is fun--one of the best days of the year for many kids and families.  All too often, though, kids are seriously injured while "trick or treating".  I urge you to take reasonable precautions so that the day can be remembered as a joyous one.

The U.S. Consumer Product Safety Commission has published some safety tips that, if followed, can protect children during the holiday festivities.

"Treats: Warn children not to eat any treats before an adult has carefully examined them for evidence of tampering.

Flame Resistant Costumes: When purchasing a costume, masks, beards, and wigs, look for the label Flame Resistant. Although this label does not mean these items won't catch fire, it does indicate the items will resist burning and should extinguish quickly once removed from the ignition source. To minimize the risk of contact with candles or other sources of ignition, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

Costume Designs: Purchase or make costumes that are light and bright enough to be clearly visible to motorists.

• For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks should also be light colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.
• To easily see and be seen, children should also carry flashlights.
• Costumes should be short enough to prevent children from tripping and falling.
• Children should wear well-fitting, sturdy shoes . Mother' s high heels are not a good idea for safe walking.
• Hats and scarfs should be tied securely to prevent them from slipping over children's eyes.
• Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If a mask is used, however, make sure it fits securely and has eyeholes large enough to allow full vision.
• Swords, knives, and similar costume accessories should be of soft and flexible material.

Pedestrian Safety: Young children should always be accompanied by an adult or an older, responsible child. All children should WALK, not run from house to house and use the sidewalk if available, rather than walk in the street. Children should be cautioned against running out from between parked cars, or across lawns and yards where ornaments, furniture, or clotheslines present dangers.

Choosing Safe Houses: Children should go only to homes where the residents are known and have outside lights on as a sign of welcome.

• Children should not enter homes or apartments unless they are accompanied by an adult.
• People expecting trick-or-treaters should remove anything that could be an obstacle from lawns, steps and porches. Candlelit jack-o'-lanterns should be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'-lanterns should be kept away from curtains, decorations, and other furnishings that could be ignited."

If you have further questions about product safety, you can call the U.S . Consumer Product Safety Commission's toll-free hotline on (800) 638-2772.  If hearing impaired, you may use TTY (301) 595-7054.

All of us at RZL wish you a safe and happy holiday.

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Over the last year, the American Association for Justice (AAJ) has fought to reverse the Bush administration's legacy of complete immunity preemption, pushed to end forced arbitration and advanced the rights of all Americans to hold wrongdoers accountable. This highlights video shows AAJ's accomplishments in promoting the civil justice system as shown in the media.

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Posted by: Salvatore J. Zambri, Esquire

Washington Post Staff Writer Martin Weil reports that the police have confirmed that an "81-year-old man was killed Saturday while walking a dog in Arlington County when he was struck by a truck operated by a woman learning to drive." The victim was Marco Amoni, "a self-made small businessman and entrepreneur, " who "was born in Italy and moved to the United States in 1951." He was retired and moved from Long Island New York to Arlington to be with his children and grandchildren.  We was a devoted husband and doting father and grandfather, according to his son-in-law.

According to the report, Mr. Amoni was walking his dog when a 21-year-old woman "drove over an embankment" in a parking lot, struck Mr. Amoni, and then drove her truck into a house.  In my profession, I learn of tragic events every day--people who are needlessly killed or seriously injured as a result of another person's carelessness.  Mr. Amoni's death gets me thinking about my grandfather, who came from Italy, moved to Long Island, and worked hard to build a life for him and his family.  My grandfather died as a result of medical negligence with much life left to live.  It was a difficult time for my family.  We wish the Amoni family peace.

Operators of vehicles must recognize that driving a truck or car is the same as operating a deadly weapon.  Too many deaths occur each year in America as a result of reckless driving. 

To learn about the National Safety Council's defensive driving course, please click here.

Please drive safely.

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Posted by: Salvatore J. Zambri, Esquire

National Fire Protection Week is officially from October 4 through October 10, 2009, according to the National Fire Protection Association (NFPA).  It is a great time to think about fire prevention and protection, but these issues demand year-round focus.

One of NFPA's slogans is "Stay Fire Smart! Don’t Get Burned".  It is to the point and worth remembering.  The association gives the following simple examples of how to be "fire smart": testing the water before putting a child in the bath and  wearing short or close-fitting sleeves when cooking on the stove-top.

For more information about fire prevention and protection, please visit the NFPA website by clicking here.

I have represented many people who have been seriously injured or killed as a result of fires caused by the recklessness of others, including property owners and managers, as well as the negligence of manufacturers of defective products.  We encourage property owners and managers to be sure their fire alarm and smoke detector systems are in excellent working condition.  It's a matter of life and death.

Be safe. 

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Martin Weil of the Washington Post reports that a "woman was struck by a Metrobus and critically injured Monday night in the Trinidad area of Northeast Washington," according to WMATA authorities.  The report states that the woman is alive, but in critical condition after having been transported to Washington Hospital Center.

According to the report, a Metro spokesperson said that "the woman had just gotten off the D-8 Metrobus on Mount Olivet Road NE, between Trinidad and Montello avenues. She apparently crossed in front of that bus and then was struck about 6:30 p.m. by another Metrobus traveling in the same direction."

This incident is one in a string of incidents involving Metro buses this year.  We hope that the injured woman makes a speedy and full recovery. 

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"It shows that the federal government is taking the lead," LaHood said. "This is a big deal."

The District and 18 states, including Maryland and Virginia, have banned texting while driving to different degrees.  It is great to learn that the President is taking this issue seriously and is beginning the process of making it a crime everywhere to drive while texting.  As I mentioned in a recent blog, texting while driving is increasing and is extremely dangerous.  If the federal and local governments don't act quickly, lives will be lost and others will be seriously and permanently injured.

Please drive safely.

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Posted by: Salvatore J. Zambri, Esquire

According to an AP report, "Toyota Motor Corp. said Tuesday it will recall 3.8 million vehicles in the United States, the company's largest-ever U.S. recall, to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash." The auto-manufacturer said it was "still working with officials with the National Highway Traffic Safety Administration (NHSA) to find a remedy to fix the problem and said owners could be notified about the recall as early as next week." The NHTSA said it "had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved."   

Forbes reported that this recall "followed a horrific crash last month in San Diego in which a mat was suspected of snagging a gas pedal on a runaway Lexus, ending with a fiery crash that killed four family members. A minute before the crash, the driver called police to say the car had no brakes and the accelerator was stuck. The runaway car was doing more than 120 mph when it hit a sport-utility vehicle, launched off an embankment, rolled several times and burst into flames."

Other recent stories about the recall can be found at Bloomberg News, the Wall Street Journal, and USA Today.

I represent many victims of product defects.  Dangerous products can cause serious and sometimes fatal injuries.  We encourage manufacturers to take the time necessary to properly and fully evaluate their products before they are placed into the market.  Public safety must trump profits.

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Lon Anderson, a spokesman for AAA, remarked,  "We have an epidemic of distracted driving out there."  According to the Post report, "AAA recently studied the habits of Beltway drivers in Virginia, the group found that more than half of drivers used their cell phones on Interstate 495 every day, and a quarter of them send or receive text messages daily."

Texting while driving is currently illegal in both the District of Columbia and the Commonwealth of Virginia.  Maryland's ban will take effect this Thursday.   It should be illegal in every state in the country.  Thankfully, the federal government is considering taking steps to make it a crime to text and drive in any of the 50 American states.  The faster the government takes action, the better.  Lives are at stake.

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Posted by: Salvatore J. Zambri, Esquire

According to James Hohmann of the Washington Post, WMATA "officials are preparing to install video cameras on an unspecified number of rail cars, the first step in what could become a systemwide surveillance network that officials say will help them better manage crowds and investigate criminal activity."  This will be paid for through a grant from the Department of Homeland Security.  Some of the $27.8 million in grants will be also used to put more cameras on buses.

"[T]here's a lot of good information the cameras can capture," Metro Transit Police Deputy Chief Jeff Delinski said. I agree with Mr. Delinski.  Not only will it capture criminal activity, but it will also capture negligent conduct.  By having cameras on buses, the circumstances that give rise to accidents will be more readily determined.

I recently represented a woman who was struck by a car that sped through a crosswalk.  There was a bus next to the car that had stopped for pedestrians.  I tracked down the bus company and determined that it had a camera on-board.  The camera captured the movement of the car that struck my client.  It proved to be powerful evidence in the case. 

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Posted by: Salvatore J. Zambri, Esquire

Ashley Halsey III of the Washington Post reports that AAA has announced that our area is experiencing an "alarming increase" in hit-and-run accidents.  This public statement follows two such incidents last week -- one that killed a pedestrian and another that critically injured a cyclist.

The report goes on to state that "AAA Mid-Atlantic said that after 44 fatal hit-and-run accidents in Virginia and Maryland last year, the anecdotal evidence suggests that the number has increased in 2009, keeping pace with a national trend that saw 1,500 such cases last year, the majority of them involving pedestrians."

Car and truck accidents can be deadly.  Drivers need to appreciate that they are operating machinery that, when not careful, can be deadly weapons.  Unfortunately, far too many drivers operate their vehicles recklessly, causing serious and sometimes fatal consequences.  We encourage our readers to be sure they have sufficient uninsured/under-insured motorist coverage on their automobile policies.  This coverage allows victims to receive fair compensation in the event they are injured by a hit-and-run driver or a driver with limited insurance coverage.

To learn more about uninsured and under-insured motorist coverage, please contact Mr. Zambri at 202-822-1899 or email him at szambri@reganfirm.com.

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Labor Day weekend is considered the last summer holiday period, that final trip to the beach, that long weekend get-away before getting back to the regular routine activities and travels.  AAA projects that about 40 million Americans will be traveling for this year's Labor Day weekend.  Remembering some simple common sense tips should help drivers travel safely on this dangerous weekend.

• Before traveling, do a "walk around" with your car.  Check the basics, such as tires, fluids, and wipers. Service your cooling and radiator system.  Stranded travelers often could have avoided getting stranded by checking the basics in advance.
• Know where you are going before leaving on your trip, by checking a map or GPS system, if necessary.  Many accidents are caused by sudden lane changes and stops by drivers who are trying to determine where they are going after starting out on the trip.
• Leave early enough to maintain a reasonable speed, without resorting to excessive speed or impatience with other drivers.
• Use common sense to avoid truckers' blind spots or cut off other drivers.
• Carry a cell phone, but pull off the road to use it.

Continue Reading...

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William Branigin and Martin Weil of the Washington Post report that a 25-year veteran worker for WMATA was killed yesterday when he was struck by a piece of track equipment, known as a ballast regulator, near the Vienna station on the Orange Line.

According to the report, the long-time Metro employee "was working with a crew replacing cross ties when he was hit by a ballast regulator, a piece of equipment that rides on the rails, Metro spokeswoman Lisa Farbstein said early Monday. The equipment deposits and spreads the stone or gravel known as ballast upon which the cross ties and rails rest, particularly in outdoor parts of the system. The ballast provides drainage and stability."

The cause of the incident that took the life of the employee is not presently clear, although an investigation is underway.  When incidents like this take place, the family is entitled to certain death benefits pursuant to the Workers' Compensation Act, but other benefits may be available as well depending on what persons or entities are at fault for the occurrence. 

This is a very difficult time for the the family of the wonderful man that died prematurely.  Our thoughts and prayers are with them.

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Posted by: Salvatore J. Zambri, Esquire

The National Transportation Safety Board's (NTSB) investigation of last month's deadly Metro crash prompted the board to conclude that WMATA's electrical system is insufficient.  The Board has "urged the transit agency to add a real-time, continuous backup that would alert train operators to potential problems and stop trains when necessary," according to a Washington Post report by Lena Sun.

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Posted by: Salvatore Zambri, Esquire

Congressional hearings took place yesterday that were focused on multiple reports that found that the Environmental Protection Agency (EPA) regulates tap-water more carefully than the Food and Drug Administration (FDA) does bottled water.  According to the Wall Street Journal (7/9, Zhang), "The Food and Drug Administration, which oversees the $11.2 billion" bottled water industry, "doesn't keep track of companies that produce bottled water and doesn't require companies to report positive tests for contaminants, federal officials told a House hearing Wednesday. Consumer advocates testified before the Energy and Commerce Committee's oversight and investigations panel that bottlers should be required to disclose more information to consumers."

The report further noted that Joshua M. Sharfstein, FDA Principal Deputy Commissioner, "testified that the agency regulates bottled water as a food and doesn't know which companies among registered food firms make bottled water. Moreover, he said, the FDA has limited power to require more information on labels, and he put in a pitch for legislation that would boost the FDA's funding and authority for food safety."  A similar report can be found in the New York Times (7/9, Fuller).

Unfortunately, the FDA does not have the resources to adequately evaluate the safety of medicines and products.  An FDA approval by no means assures that the product or medicine approved is actually safe.  Be careful before using any product and always speak with your doctor before taking any medication.

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According to the Post report, "Transit officials would not say yesterday whether they believe the malfunction was a result of faulty equipment or poor installation, citing the investigation by the National Transportation Safety Board."

The track circuit at issue  "fluttered", according to Kubicek.  One moment it would detect a train, and then the train would "disappear".  He added that "Metro did not realize that there was problem until officials began examining data after the accident."

Metro is now replacing many of  the system's Wee-Z bonds because they are "approaching the end of their usefulness," according to David Couch, who leads Metro's infrastructure projects.Of course, this raises the question:  Why weren't they replaced earlier? We know that at least one was well beyond its usefulness, unless it was incorrectly installed or maintained.

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Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area.  The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters.  He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners.  His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA.  He has also been named a "Super Lawyer" by Super Lawyer magazine.  Mr. Zambri has authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in vehicular collisions.  If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

 

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Lena Sun and Lyndsey Layton of the Washington Post reported today that federal investigators confirmed that WMATA personnel attempted to replace a component of the signaling system of the tracks only five days before last week's tragic collision.  According to the report, federal investigators commented that following the attempted repair work, "the control system circuitry that is designed to prevent crashes did not perform properly."

The horrible crash took place on June 22.  According to the statement issued by the National Transportation Safety Board, a track circuit in the crash area "periodically lost its ability to detect trains after June 17"--five days before the collision. What WMATA did to test the system and why trains were permitted to operate while the system was defective are issues that must be addressed.  My firm represents victims and their families, and we will determine what errors caused what has been the most horrific Metro accident in its 33-year history.

About the author:

Mr. Zambri has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area.  The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specialize in personal injury matters.  He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners.  His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA.  He has also been named a "Super Lawyer" by Super Lawyer magazine.  Mr. Zambri has authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in vehicular collisions.  If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

 

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Posted by: Salvatore J. Zambri, Esquire

As you may have heard, lawyers have already filed lawsuits stemming from the recent tragic crash involving two Metro-trains on the red-line.  My firm represents injured victims and their families, but we have not yet filed suit for several reasons.  For one, the Nation's capital is in mourning still.  Some time should pass before litigation begins.  Second, investigations are continuing and we are unearthing more and more relevant evidence. Third, families and victims have gone through enough.  It seems to me that working with WMATA to resolve cases fairly and effectively is a better approach than running to the courthouse.  If a fair resolution cannot be achieved, then the courthouse is thankfully available so justice can be obtained.

My firm has secured the largest settlement in WMATA's 33 -year history.  Perhaps it is due to our firm's reputation that allows us to resolve cases with large truck companies and entities like WMATA instead of filing suit so quickly.  A resolution saves a client money, time, and emotional anguish.  Early resolution--if possible--should be every attorney's goal in any case.  Of course, again, if the defendant proves to be unreasonable, a lawyer should have the resources and experience to fight for full justice.  Because defendants recognize that my firm has the resources necessary to litigate catastrophic cases and that we are always prepared to litigate cases aggressively, they more often than not want to settle cases with us early on, and on terms favorable to our clients. 

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Posted by: Salvatore J. Zambri, Esquire

Trucks account for only 3% of the vehicles on our roadways, yet they are involved in 12 percent of all crash fatalities.  According to a Public Citizen report, "Every year, about 5,000 people die and over 100,000 people are injured in large truck crashes."

Congress is now considering taking action--action that is long overdue. Specifically, Congress is working on legislation that would limit or curb truck sizes and weights. Experts have acknowledged that the larger the truck, the more likely it is to kill or cause serious injuries. Increased weights and sizes also lead to greater infrastructure damage to our roads and bridges.  And, of course, bigger trucks emit more toxic pollution into our environment.

We encourage you to visit Public Citizens' website and contact your representatives in Congress, encouraging them to limit the weight and size of trucks.  It will lead to greater safety and public health.

 

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By Victor E. Long, Esq.

According to the Washington Post, a train control system that should have prevented Monday's deadly Metro crash failed in a test conducted by federal investigators, officials said yesterday, suggesting that a crucial breakdown of technology sent one train slamming into another.

Investigators with the National Transportation Safety Board performed the simulation Wednesday night. In the test, investigators positioned a train in the same location as the train that was rear-ended Monday. The system failed to detect that the idled test train was there, the NTSB said. Investigators did not say what caused the malfunction, and they stopped short of saying the system failure caused the crash.

The test results are significant because they confirmed earlier findings of "anomalies" in an electrical track circuit in the crash area.

Information regarding the accident has previously been provided in several earlier posts.

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Posted by: Salvatore J. Zambri, Esquire

According to a recent Washington Post article by Lyndsey Layton, Maria Glod and Lena Sun, "Federal investigators said yesterday that they found 'anomalies' in a key component of the electronic control system along the Metro track north of Fort Totten, suggesting that computers might have sent one Red Line train crashing into another."  The report comments that a senior WMATA offcial has now come forward to state that "the computer system appeared to have faltered."

There is a 740-foot-long circuit near the crash which provides critical information, as well as authorization and speed commands to a following train.  If defective, major incidents, like the one recently experienced, can occur.  "If the train protection system is working as designed, when one train begins to enter the two-block buffer behind another, the computers automatically deploy the brakes on the second train and force it to stop," remarks the report.

Although a system failure may have occurred, investigators are still evaluating the conduct of the novice train operator who, unfortunately, lost her life in the crash, along with eight others.

 

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Posted by: Salvatore J. Zambri, Esquire

Earlier this week, the nation’s capital experienced the deadliest Metrorail collision in WMATA’s 33 year history.  Numerous lives have been lost, and dozens of other have been seriously and permanently injured.  The victims of this tragedy and their families deserve justice.  The civil justice system in parts of our country, however, does not always allow for justice.

The Washington Metropolitan Area Transit Authority (WMATA) is the creation of a compact between the District of Columbia, Maryland and Virginia.  If the Metro collision had taken place just a few thousand feet north in Maryland, the ability of those harmed and killed to receive fair compensation for their harms and losses would have been severely compromised.

Last year, the Maryland Court of Appeals issued a ruling, establishing that claims against WMATA are akin to claims against Maryland counties.  Those claims are limited to merely $200,000.00--a shocking low and patently unfair amount.  And if it is determined that another entity (like a sub-contractor) is responsible in part for the horrific crash, the claims against any such non-governmental entity will have a non-economic (pain, anguish, suffering, etc.) limitation of  merely $650,000.00.

With respect to the claims against Maryland counties, the $200,000.00 per person limitation includes both economic losses and non-economic damages.  The economic losses alone caused by the deaths and severe injuries of others will far exceed $200,000.00.  And that does not even begin to compensate the victims for the extreme fright, physical pain, and mental anguish that they endured or will continue to endure for the rest of their lives.

The arbitrary limitation that applies to non-governmental entities is also unjust.  Telling a spouse or a child (or a father or mother) that the impact of a lost loved one amounts to merely $650,000.00 is offensive.  I represent a woman and her three daughters concerning a Maryland automobile accident claim that took the lives of her husband of 25 years and her only son, who was merely 14 years old.  Needless to say, her dreams have been shattered and her life, and the lives of her 3 daughters, have been turned upside-down.  The days and months immediately following the collision were unimaginably hard on the family.  Even now, every day is a struggle emotionally, and the stresses and fears about the future are overwhelming. 

It is un-American for our system to protect wrongdoers with artificial limitations to the great detriment of the innocent victims who are forced to endure the repercussions of the tragedies for the remainder of their lives.  Consider this:  In my case, the one who caused the accident--a person who drove over 100 mph into oncoming traffic, who struck my clients’ vehicle head-on, and who was drunk at the time of the crash--is protected by Maryland's illogcal damages limitation, while the surviving family members are stripped of any rights to full compensation.  Why protect the reckless and harm the victims, the very ones who are left to deal with the horrible consequences of the crash?  Common sense tells us we should be doing better as a country when such injustice can be allowed to exist in an American civil justice system.

My thoughts and prayers go out to all those who were injured in the Metrorail collision.  No form of compensation can fully compensate those who have been killed or those who have suffered serious permanent injuries.  There is some solace in knowing that at least the laws of the District of Columbia do not artificially limit recoveries.  Judges and juries are able to evaluate the facts of each case separately and provide a full cup of justice without regard to special interest groups who seek to impose limits on recoveries in an effort to put profits over people.

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According to a recent Washington Post article, city officials announced today that the Metro train that collided into another yesterday "was two months past due for scheduled maintenance on its brakes, and the car was an older model that federal officials had recommended be replaced because of concerns about its safety in a crash."  The authors of the article,  Lena H. Sun, Lyndsey Layton and David A. Fahrenthold, reported that the death toll is now up to nine, making it the deadliest incident in WMATA's 33 year history.

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Posted by: Salvatore J. Zambri, Esquire

Washington Metropolitan Area Transit Authority (commonly referred to as WMATA) is a quasi-governmental entity created through a compact between the District of Columbia, Virginia, and Maryland governments.  This Authority is responsible for the rail service and bus service in the Washington-DC area.  When system failures and operator errors cause serious injuries, those that have been harmed need to retain an attorney who is an expert in both handling personal injury matters and in dealing with WMATA in particular.

Metro train derailments and collisions are caused by a variety of reasons, including system failure, defective equipment, operator errors, excessive speeds and other reasons.  A lawyer must thoroughly investigate all potential causes of the incident in order to properly advance a claim.  The attorney chosen by a victim must be keenly familiar with the standard operating procedures of WMATA.  Without this institutional knowledge, the injured person (or family of the deceased) cannot be effectively represented.

WMATA is not insured by an independent insurance company; rather, it is self-insured.  As a self-insured entity, WMATA is responsible for paying claims on its own.  In order to effectively prosecute a claim, the attorney for the injured person should have extensive experience dealing with WMATA’s risk-management department and legal counsel.  The attorney must also have the resources necessary to litigate the case.

Our firm has obtained the largest settlement ever on behalf of a person injured by WMATA's carelessness.  Our reputation, experience, and integrity are what allow us to pursue claims so effectively.  The more serious the injury, the more important it is to secure the advice and guidance of a respected and competent attorney.

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Posted by Patrick M. Regan and Paul Cornoni

In the District of Columbia, and the surrounding areas, the public bus system and Metro train cars are operated by the Washington Metropolitan Area Transit Authority (WMATA).  WMATA is a quasi-governmental agency, also known as Metro.  Every year numerous persons are injured by buses or metro cars across the country.   

Unfortunately, the District of Columbia has suffered its share of tragedies as the result of such accidents.  Within the last few months, our law firm, successfully obtained the largest wrongful death settlement against Metro on behalf of the estate of a woman who was killed by a WMATA bus while walking across the street.   As a result of the carelessness of the Metro bus driver, two women were struck and killed while crossing Pennsylvania Ave in the crosswalk.  One case settled for $2.3 Million and the case handled by Regan Zambri & Long settled for a very substantially higher figure .  During the course of the legal case, our law firm focused on the safety, training and supervision that Metro should have been providing to its bus and subway train drivers.     

For additional information concerning Metro bus and train safety, please email our firm or call 202-463-3030.

 

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Posted by: Salvatore J. Zambri, Esquire

The death toll from yesterday's horrific Metro collision continues to rise.  As of now, nine have been pronounced dead, and many dozens more are seriously injured.  As mentioned in yesterday's blog, system failure and operator error could be two causes of the incident.  The Washington Post has now reported that "[e]xperts familiar with Metro's operations focused last night on a failure of the signal system and operator error as likely causes of yesterday's fatal Red Line crash."

The "fail-safe" system, however, failed before, at least twice in recent years.  The operators of those prior trains were paying attention and applied the brakes when the system did not automatically apply them. Crashes were avoided.  Early investigation suggests that the driver of the train in yesterday's collision did not apply the emergency brakes, based on the extent of the damage and independent witnesses testimony regarding the speed of the train.

If the operator did not apply the emergency brakes, one must wonder why not?  The trains were not in a tunnel, they were outside, and the weather was clear.  Train operators are in the cabs of trains to observe dangers situations and react appropriately. Perhaps she wrongly relied on a system that was anything but fail-safe.

Our thoughts and prayers go out to the families of those who have died, as well as to those who have been injured.  For those injured, we wish you a speedy recovery.  For the families of those who died, we wish you peace.

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This tragic incident should never have happened.  An investigation is underway, and the cause of this avoidable event will be unearthed soon.  Incidents like this can occur for a variety of reasons, including miscommunication among train operators and station managers, failure to keep a proper lookout, defective brakes, distracted operators, unsafe speeds, faulty equipment, failure to abide by standard operating procedures, and other reasons. 

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Drunk Driving is a Deadly Problem  

Every 40 minutes and nearly 40 times a day, someone in the United States dies in an alcohol impaired traffic crash according to research by the National Highway Traffic Safety Administration. That is why highway safety, community health and law enforcement officials are reminding everyone this Fourth of July that Buzzed Driving Is Drunk Driving and to designate a sober driver before the celebrations begin.

• Alcohol is a major factor in fatal crashes during the July 4 holiday;
• Plan a safe way home before the festivities begin, so you can be alive to enjoy the next celebration;
• Whether you’ve had way too many or just one too many, it’s not worth the risk. Impaired driving has serious consequences.
• Over the Limit. Under Arrest. This Fourth of July,

For more information, visit www.StopImpairedDriving.org.

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According to a recent news item in USA Today, fierce debate is expected in Congress over the size of big rig trucks on the U.S. interstate highway system. "Current Federal law limits the weight and length of 18-wheelers on the USA's 47,000-mile interstate highway system. Supporters say bigger commercial trucks allow drivers to deliver more freight in fewer trips, thus cutting pollution and reducing congestion on crowded highways. Opponents say the larger trucks would cause more wear-and-tear on the USA's dilapidated roads and bridges and create a greater safety hazard to other drivers."

According to  Advocates for Highway and Auto Safety and StopBiggerTrucks.org, a campaign urging Congress to reject any weight and size increases for commercial trucks: "These trucking companies don't come close to paying their fair share for the damage they do. The American public is going to pay with their lives and their wallets if this goes through."

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Drunk drivers create hazards for themselves and their innocent victims by driving impaired.  As summarized by a New York Times columnist in a recent blog posting, support is growing to add alcohol interlocks to new cars.  Judges already can order alcohol ignition interlocks for repeat offenders in almost every state. 

A number of safety advocate groups enthusiastically recommend using technology to prevent drunk drivers from starting their vehicles. Mothers Against Drunk Driving (MADD) has advocated for interlock systems on vehicles as part of their campaign to keep drunk drivers off the roads.  The Alliance of Automobile Manufacturers is working with MADD in efforts to eliminate drunk driving by promoting technology. The Insurance Institute for Highway Safety (IIHS.org) included alcohol ignition interlocks in their May 19, 2009 Emerging Safety Issues of Statement Before the US House Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and Consumer Protection.  The National Highway Traffic Safety Administration (NHTSA) has long urged increased use of ignition interlocks for repeat drunk driving offenders. According to a former NHTSA Administrator, “It is unacceptable for us to allow known drunk driving offenders back on the road without some protection for the responsible drivers."

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The Hill reports that "Consumer groups and trial lawyers are crying foul over the Obama administration's bankruptcy plans for General Motors and Chrysler" because "those plans would extinguish all ongoing auto accident claims that blame a death or serious injury on a defective GM or Chrysler vehicle."  According to the report, Clarence Dilow, the executive director of the Center for Auto Safety, admits that "the plans are unusual in that they would prevent anyone from bringing a future liability claim against GM or Chrysler if a car already purchased from either company is defective and results in an accident causing death or serious injury."  Mr. Dilow further stated that "it was...unusual for no money to be set aside for liability claims."

A New York Times blogger writes, "In approving the sale of most of Chrysler's assets to a new company, run by Fiat, over the weekend, Judge Arthur J. Gonzalez also granted the automaker's request that the new company not be held liable for future product-liability problems involving current owners" which "means people who own a Chrysler, Dodge or Jeep have lost their right to sue if they are injured by a safety defect."  The article goes on to note that consumer groups are rightly concerned that "people who already have been injured in accidents and have filed suits against Chrysler, asserting that a vehicle had a safety defect" will not get any money from the carmaker even if they "win in court."

We believe that it is unfair and un-American to immunize these, or any, car-manufacturers from claims when they have carelessly caused serious injuries to innocent victims.  The protections envisioned by the bankruptcy plans would prohibit motorists from bringing suits against the manufacturers when injured as a result of defective braking systems, ill-designed roof-systems, and other product defects.

Our firm has experience pursuing cases for adults and children that involve tragic product defects.  If you think you or your child has been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

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In preparing for summer road trips, most drivers take care of the routine maintenance, but frequently neglect some of the more potentially dangerous issues they could face.  

• Missing air bags. A new report from the National Highway Traffic Safety Administration (NHTSA), finds that nearly one in five fatal accidents involves cars with missing air bags. This is something that should concern anyone who has bought a previously owned car. Don't assume you're in the clear just because there are no signs of crash-related damage or repair work -- air bags can deploy as a result of low-speed collisions that may cause little or no damage. Check the vehicle's history using a service such as Carfax, or ask your mechanic to check for signs of prior air-bag deployment.
• Compromised bumpers. If you've had any type of bump or collision, including a minor fender bender, or if you own a used car with an unknown past, this may be a concern. Even if bumpers look fine, they may not be OK. Joe Wiesenfelder, senior editor of Cars.com, says, "If your car has been rear-ended lightly or the bumpers were otherwise struck, have a mechanic or body shop check it out. Nowadays, most bumpers use a dense foam material to absorb impact, but they only work once. Even if they show no signs from the outside, the underlying structure may be compressed, which means the next mishap could cause greater injury and/or damage than the first one did."
• Damaged or rusted brake lines. Brake lines can be vulnerable to rust and breakage. This is especially true if you live in an area with rough winters -- many of the chemicals used to treat roads contain corrosive chemicals that can damage brake lines. Unlike some other brake problems, damaged brake lines don't give telltale signs such as squealing or grinding. When checking your brake lines, look for puddles of leaking brake fluid. If you spot any holes or signs of rust damage, chances are there are other weak points, so it's probably best to replace the entire brake line.

"I would recommend a complete underbody inspection," says Marcus Simmons, president of the Motown Automotive Professionals nonprofit, a group that trains high school students for auto repair. "You want to be sure that the winter snow and ice have not caused any damage."

But this isn't just a winter problem. brake lines and other undercar parts can rust or crack from exposure to rain or damp conditions, such as wet grass. Ask your mechanic about new types of brake lines that are said to be more resistant to chemicals and the elements.

• Damaged headlight lenses. This can reduce your visibility, creating a hazard when you are driving at night or in bad weather. "Scars and scratches on plastic headlight lenses can be caused by slush, road salt, stones, etc.," says John Voelcker, a frequent contributor on auto topics for major magazines and a blogger on GreenCarReports.com. "Check for gouges, cracks or moisture inside the headlight that would indicate the seal has failed, which can make your light less bright and shorten the life of that (expensive) bulb inside."
• Steering and suspension problems. Like brake lines, these parts are susceptible to corrosion and weather-related damage. Carchex spokesman and "MotorWeek" co-host Pat Goss says, "Make sure to check critical steering and suspension parts because harmful winter chemicals can migrate past seals and cause damage. Rough, pothole-ridden roads don't help, either."
• Dying or damaged batteries. Seasonal changes can be a death sentence for weak batteries. Goss says, "Lots of drivers are conscious of checking car batteries in the fall, but it's also important to check them in the spring because any temperature extreme can push a weak battery over the edge."
• Animal damage. During the winter, animals like to seek shelter from the elements, and you might be surprised to learn that the engine area of your car is a pretty inviting place. If your car has been sitting for an extended period of time, animals may have been hiding or nesting there for quite a while, without you even realizing it. Squirrels are the most common culprits, but any type of animal can cause problems. Look for stashes of leaves, twigs or nuts under your hood or near your car. This might be a red flag that animals have set up a winter home near your engine. If you discover this, you need to examine the wiring, hoses and other engine parts for signs of chewing or other animal damage.
• Underinflated tires. Tires that aren't properly inflated are prone to blowouts and can also make the car harder to control. From an economic standpoint, underinflated tires also wear out faster and waste fuel, causing drivers to lose as many as 2 million gallons of gas per day, according to Ford spokesman Wes Sherwood. "Properly inflated tires can help improve gas mileage by 3 (percent) to 4 percent," Sherwood says. Wiesenfelder says, "Tires can be underinflated even though they look fine, so be sure to check the pressure regularly. The recommended tire pressure will be listed on the driver's doorjamb, not on the tire itself. The tire pressure listed on the tire is (the) maximum pressure the tire can hold, not (the) recommended pressure. Be sure to follow the recommended pressure and to check the tires when cold." Read more about proper tire maintenance here.
• Cooling system problems. Unlike the air-conditioning system, which is mainly designed for passenger comfort, the cooling system is responsible for keeping your car's engine cool. That's important because an overheated engine can leave you stranded on the side of the road. "A properly functioning cooling system is critical to engine operation," says a Subaru of America spokesman. "It is recommended that the cooling system and hose connections be checked frequently for leaks, damage or loose connections."
• Damaged drive belts/serpentine belts. These are parts you tend to forget about -- until they get your attention in a big way. "If the belt snaps, you could lose power steering, which results in a hard-to-steer vehicle; a water pump, resulting in overheating; or a nonfunctioning alternator that could stall the engine," says Wiesenfelder. "Have the belts inspected at the recommended intervals. When you go in for an oil change, the technician will typically look at these anyway, but be sure they are checked, especially on higher-mileage vehicles."

Source: Bankrate.com

 

 

 

 

 

 

 

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If Chrysler's bankruptcy is approved by Congress, owners of Chrysler, Jeep or Dodge vehicles may find themselves without the right to seek compensation for serious injuries caused by car defects.  The New York Times has recently published an interesting article concerning this hot topic. 

Under the proposed plan, Chrysler identified the obligations the new entity would assume and those it would leave behind. The proposed bankruptcy plan calls for the new Chrysler to honor existing new-car warranties. There is no promise, however, that it will be responsible for future product-liability suits brought by owners of vehicles sold before the automaker filed for bankruptcy.   

As the article states:  "[T]he Chrysler plan raises a question about why the new Chrysler, the successor to the old company, should be released from liability for product defects at the expense of consumers who may suffer future harm, said Norman I. Silber, a law professor at Hofstra University who specializes in consumer law.“Not only is there a moral claim to be made on behalf of consumers, but there is probably also a legal claim that it is not right,” Mr. Silber said. 

Concerned consumer groups, such as Public Citizen, the Center for Auto Safety, Consumer Action, Consumers for Auto Reliability and Safety and the National Association of Consumer Advocates have begun to lobby against the bankruptcy plan.  

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Posted by Paul Cornoni

The National Highway Traffic Safety Administration (NHTSA) advised Congress recently that it plans to require safety belts on commercial buses.   This is a much needed measure which will help protect innocent passengers on buses.  Our firm has previously blogged about this topic and the dangers of bus and truck accidents.

In 2006, more than 630 million people took trips on motor coaches -- almost as many as traveled by airplane.  "There are fewer NHTSA safety standards for motor coaches than for any other motor vehicles regulated by the agency," said Joan Claybrook, a former NHTSA administrator and long-time auto safety advocate.  

Since 1998, the National Transportation Safety Board (NTSB) has investigated 33 motor coach accidents involving the ejection of 255 passengers, and it has called on NHTSA to improve protections for commercial buses since 1999.

Unfortunately, the District of Columbia has suffered its share of tragedies as the result of bus accidents.  Only just recently, our firm, successfully obtained a $2,950,000 settlement on behalf of the estate of a woman who was killed by a bus while walking across the street.    

For additional information concerning bus safety, please feel free to email our firm or call 202-463-3030.

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As recently posted on Welcome to the Fast Lane, the Official Blog of the U.S. Secretary of Transportation, bicycling is only healthy when you ride safely:

"It's clear that bicycling is good for the environment...when it takes vehicles off the road. It's also clear that bicycling is good for your health...when you practice safety.

May is National Bike Safety Month. As this Administration works to develop environmentally-sound transportation options, making our streets more bike-friendly is high on the list. Our roads and communities must be built to allow people to get around safely outside of their cars, on bike or on foot.

But, as more people take to bicycling, that idea can only be sound when drivers and cyclists help each other share the roads safely.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

An accident survey conducted by PlaneCrashInfo.com of 1,843 aircraft accidents from 1950 through 2006 established "the causes to be as follows:

• 53%: Pilot error
• 21%: Mechanical failure
• 11%: Weather
• 8%: Other human error (air traffic controller error, improper loading of aircraft, improper maintenance, fuel contamination, language miscommunication etc.)
• 6%: Sabotage (bombs, hijackings, shoot-downs)
• 1%: Other cause

The survey excluded military, private, and charter aircraft."

It's possible that the recent fatal airplane crash involving Continental Flight 3407 was at least in part due to pilot error, according to today's Washington Post report.  A co-pilot was reported to have been "shocked" and potentially panicked when the windshield of the plane starting taking on ice, a major safety problem.  Among other things, the pilots starting telling stories about their experience (or lack of it) dealing with icing, potentially distracting them from a serious hazard.  The "pilots' talking violated federal rules that limit conversation in the cockpit to operational matters, particularly during takeoff and landing", stated the report.

The Continental flight went down on February 12, and it took more lives (50 in all) than any U.S. transportation disaster in the last seven years, according to the National Transportation Safety Board (NTSB).  NTSB just yesterday began public hearings into the incident. "Safety investigators have already said the ice had a minimal impact on the plane's performance; instead, the focus is on how the pilots reacted", comments the Post article.

To read the entire report, please click here.

Whether operating a a lawn mower, passenger vehicle, large commercial tractor-trailer, or a plane, operators must be sure they are abiding by applicable safety standards, and must further use common sense.  Some accidents can and should be avoided if proper care is taken.  If not, tragedy can result.

Senior partner Salvatore Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in airplane and other vehicle crashes.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

On-the-job automobile collisions are consistently the leading cause of work-related fatalities in the America.  According to the National Institute for Occupational Safety and Health, there are  5,700 deaths at work each year, and 35% of the fatalities are associated with motor vehicles.  According to its website, on average during the years 2002 through 2007:

• "1371 workers died each year from crashes on public highways
• 330 workers died each year in crashes that occurred off the highway or on industrial premises.
• 363 pedestrian workers died each year as a result of being struck by a motor vehicle."

To read the entire report, please click here.

According to data from the Bureau of Labor Statistics, in 2007, nearly 3.9 million American workers were employed as motor vehicle operators.  According to the data, more than 40% of these workers were employed as heavy truck (including tractor-trailer) drivers.  These jobs can be very dangerous, not only to the workers themselves, but to the public generally.

We encourage employers to hire, supervise, and train their employees properly to avoid reckless conduct that leads to severe injuries or death.

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

According to the Centers for Disease Control (CDC), 13,470 people died in 2006 as a result of "alcohol-impaired driving crashes, accounting for nearly one-third (32%) of all traffic-related deaths in the United States. Every day, 36 people in the United States die, and approximately 700 more are injured, in motor vehicle crashes that involve an alcohol-impaired driver."  Here's what is recommended:

• Plan ahead - have someone designated a non-drinking driver in advance of celebrations;


• Take the keys -  Do not let a family member, friend, or acquaintance drive if impaired;


• Be a helpful host -  remind guests to plan ahead with a designated driver, offer alcohol-free beverages, and be sure your guests leave with a sober driver.

To read the entire CDC report, please click here.

Drinking while driving is extremely dangerous, yet it happens all too often.  Such recklessness leads to devastating consequences.  We encourage our readers to drive sober and be careful not to get in a car that will be operated by a person who has been drinking.

Mr. Zambri authored an article regarding how automobile accident cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Highway incidents involving automobiles is the number one cause of work-related deaths, reports the National Institute for Occupational safety and Health.

  According to the institute,

"During the 1995 to 2002 period, 844 workers were killed while working at a road construction site. During this same period there were 9325 deaths in the construction industry. The 844 worker deaths in road construction represent 9% of all deaths in construction."  More than half of these deaths related to workers being struck by automobiles or other mobile equipment. 

To read the entire report, please click here.

We encourage employers to hire, supervise, and train their employees properly so they can be effectively protected while doing their jobs.  We encourage employees to take all necessary precautions to be safe. 

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here.  He also authored a workers-compensation manual that describes the rights of injured workers.  To read the manual, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The leading cause of death among children in America is automobile collisions.  "1,335 children ages 14 years and younger died as occupants in motor vehicle crashes, and approximately 184,000 were injured," according to the Centers for Disease Control (CDC). That's four deaths every single day.  Many of these deaths, however, are preventable.

"Placing children in age– and size–appropriate car and booster seats reduces serious and fatal injuries by more than half," claims CDC, relying on data from the National Highway Transportation Safety Administration (NHTSA).  Here's what is recommended:

To read the entire CDC report, please click here.

Mr. Zambri authored an article regarding how automobile accident cases are evaluated.  To read it, please click here.

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030. 

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

More teens die from automobile collisions than any other cause.  Motor vehicle crashes account for 36% of all teen deaths in the United States, according to the Centers for Disease Control (CDC).  "In 2004, 4,767 teens ages 16 to 19 died of injuries caused by motor vehicle crashes (CDC 2006)." The CDC reports that teen drivers between ages 16 and 19 are four times more likely to crash than older drivers. This problem can be remedied, however.

Research relied upon by CDC suggests when the most strict and comprehensive graduated driver licensing (GDL) systems are used, fatal crashes are reduced by 38% and non-fatal crashes are reduced by 40%, when comparing 16 year old drivers. GDLs are designed to give teens practical and necessary experience under low-risk conditions, best preparing them for real-life, higher-risk conditions.

We encourage parents and guardians to insist on GDLs and use the basic principles of GDL to help teen drivers gain valuable experience before driving under high-risk conditions.  It could be a matter of life and death.

You can read the National Safety Council’s Teen Driver: A Family Guide to Teen Driver Safety* for helpful tips and suggestions.

To read the entire CDC report, please click here.

Mr. Zambri authored an article regarding how automobile collision cases are evaluated.  To read it, please click here. 

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.

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Posted by Paul Cornoni

Families of persons killed by trucking accidents are lobbying Congress to halt the trucking industry's efforts to allow heavier, longer trucks on the roads.  This interesting story is being reported by MSNBC.  The families are coming together to form safety groups, including Citizens for Reliable and Safe Highways (CRASH) and the Truck Safety Coalition. 

As MSNBC reports: "The group is particularly opposed to proposed increases in truck weight limits from 80,000 pounds to 97,000 pounds, a more than 20% increase. The industry argues that trucks have gotten safer, that bigger trucks means less of them on the road and that the number of truck-related deaths decreased from 2007 to 2009."   

The families have argued that even though deaths may have decreased from 2007 to 2009, nearly 5,000 people per year are dying as a result of truck accidents.  For more of this interesting story, please follow this link. 

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"America's Seat Belt Program

Click It or Ticket (CIOT) is the most successful seat belt enforcement campaign ever, helping create the highest national seat belt usage rate of 83 percent. Coast to coast, day or night, the message is simple - Click It or Ticket.

CIOT National Mobilization
The cornerstone of NHTSA's seat belt communications program is the national Click It or Ticket May Mobilization. The primary audience continues to be men ages 18 to 34, which research shows are less likely to wear seat belts.

Day and Night, Cops are Cracking Down
Every year during this holiday period, law enforcement agencies join forces day and night, from coast-to-coast, for an enforcement blitz that delivers on our message Click It or Ticket. The mobilization is supported by national and local paid advertising and earned media campaigns aimed at raising awareness before the blitz that ... Day or Night - Click It or Ticket.

National Communications Strategy
For more information about the CIOT Campaign and national occupant protection communications plan, please see below:

* CIOT Mobilization Timeline
* CIOT Mobilization and Crackdown Dates"
 

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By Victor E. Long, Esq.

More than half of Maryland's auto insurance companies have had to pay hundreds of thousands in administrative penalties and restitution to their policyholders after mishandling claims when vehicles are declared a total loss, according to the Maryland Insurance Administration.

According to the Baltimore Sun,  a year-long review has revealed that  67 companies were undercompensating drivers by not correctly calculating the value of these vehicles, given the increase in Maryland's sales tax as well as increasing Motor Vehicle Administration fees, such as the title fee.

"To date, the MIA has fined the offending companies $235,000.00 and has instructed them to pay a total of $442,590.38 in restitution to 4,120 Maryland citizens,” said Ralph S. Tyler, the state insurance commissioner in a statement. “We are still in the process of examining seven companies, but we are committed to getting vehicle owners what they are guaranteed under the law."
 

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Posted by Paul Cornoni

OMB Watch, a government watchdog, has published an interesting blog concerning the National Highway Traffic Safety Administration's (NHTSA) new roof strength rule.  The new rule requires stronger roofs in vehicles to prevent injuries to passengers involved in rollover crashes. 

The good news:  NHTSA's rule abandoned the Bush administration's plan to limit the rights of individuals to file lawsuits to seek compensation for serious injuries.   The bad news:  NHTSA is giving the auto industry until the year 2016 to be in full compliance.  Auto manufacturers will have to begin applying the new standard starting in 2013.  

Despite the delay, the new standard should greatly benefit persons traveling in automobiles.  The new standard doubles the required strength for roofs.  For additional information, please send us an email or call 202-463-3030.       

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Posted by Patrick Regan and Paul Cornoni

A recent article in the Washington Post highlights the need for improved safety regulations concerning buses.  The National Transportation Safety Board heavily criticized the Department of Transportation for failing to provide meaningful oversight of the commercial bus industry.  

One of the main areas of concern was the failure to implement recommendations concerning safety equipment on buses, including seatbelts and stronger roofs and windows.  This well deserved criticism comes on the heels of the investigation into the January 6, 2008 rollover crash in Utah that killed nine passengers.

Unfortunately, the District of Columbia has suffered its share of tragedies as the result of bus accidents.  Only just recently, our firm, successfully obtained a $2,950,000 settlement on behalf of the estate of a woman who was killed by a bus while walking across the street.    

For additional information concerning bus safety, please feel free to email our firm or call 202-463-3030. 

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The American Association for Justice (AAJ) reported yesterday that a nation-wide pole of likely voters conducted by Lake Research Partners shows that Americans widely oppose corporations using mandatory binding arbitration clauses in the fine print of consumer and employment contracts. Such forced arbitration clauses are often buried in the fine print of contracts dealing with everything from cell phone, home, credit card and retirement account terms of agreement to employment and nursing home contracts.   Corporations have forced consumers to sign mandatory arbitration clauses when taking a job, buying a product, or accepting a service, requiring consumers to give up their right to take their case to court if they are harmed by a corporation.  Usually, consumers do not even know they are losing their rights because the arbitration clauses are never mentioned by corporations and the language is hidden deep within contracts in very fine print.

Lake Research Partners President Celinda Lake describes forced arbitration clauses as "another example of corporations taking advantage of ordinary Americans. The public supports the Arbitration Fairness Act because equal justice under the law is a core American value.”  The Arbitration Fairness Act is receiving strong bipartisan support.  The legislation should pass. If it does, forced arbitration clauses will be void, making the decision to arbitrate a voluntary decision to be made after a dispute has arisen, so corporations cannot manipulate the arbitration system to the detriment and expense of innocent consumers.

To read the AAJ report, please click here.

Many Americans are killed or injured each year by defective products, poor services, and otherwise wrongful corporate conduct.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.   

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Uninsured motorist coverage is needed most especially during a recession.  According to a report by NewsOn6.com, The Insurance Research Council (IRC) indicates that one in seven drivers is presently  without automobile insurance, and reports a "strong correlation" between unemployment rates and number of uninsured drivers.  The site reports that "if economic struggles persist, the IRC estimates one in six drivers will be uninsured by 2010 -- an all-time high."

To read the entire report, please click here.

Mr. Zambri, senior partner of Regan Zambri & Long, and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C., wrote an article about uninsured motorist benefits and the importance of having appropriate insurance coverage.  Here is a reproduction of the article:

                                          Uninsured/Underinsured Motorist Coverage

    Almost everywhere in this country, if you own a car, it must be insured.  If it isn’t, you could face fines or even jail time.  Unfortunately, in practice, not everyone complies with the law.  Consequently, there are many vehicles on the road without insurance coverage.  Also, many of whom abide by the law and purchase insurance coverage, cannot afford substantial coverage.  For these reasons, we highly recommend that your automobile insurance coverage include uninsured/underinsured motorist coverage.

    Uninsured motorist (UM) coverage applies when you are in an accident caused by the fault of another driver and the other driver has no liability coverage.  Underinsured motorist (UIM) coverage, often purchased along with uninsured motorist coverage, applies when the damages you’ve suffered as a result of an accident exceed the liability coverage provided by the at-fault driver’s policy.  Under these circumstances, the UM/UIM coverage limits of your policy are effectively transferred to the other driver as liability limits.

    Consider a circumstance in which you are rear-ended by an uninsured motorist and are hospitalized as a result of serious bodily injuries.  If you do not have UM/UIM coverage, your only option is to pursue a claim against the at-fault driver and attempt to collect from his personal assets.  This is hardly an attractive, cheap, or easy option for recouping your losses.  If a person is willing to break the law and not pay for liability coverage, it is not likely that person will have enough assets from which you can collect a fair recovery.  Consequently, you would be left paying out-of-pocket for an accident that wasn’t your fault and you would not recover a penny for your pain and suffering.

    In determining how much UM/UIM coverage to purchase from your automobile insurance provider, consider how these coverages apply.  If you’re in an accident and end up with $50,000.00 in medical bills and the at-fault driver’s insurance has a liability policy limit of $25,000.00, you will be able to recover the policy limit.  However, if you do not have UIM coverage, you would be forced to collect any additional amount against the other driver directly, which, as described above, is not likely to be productive.  If, on the other hand, you had $50,000.00 of UIM coverage, then in most states you would be able to recover the $25,000.00 policy limit from the other driver’s carrier, plus an additional $25,000.00 from your carrier (note that your insurance carrier is entitled to a dollar-for-dollar credit for the payments made by the other driver’s insurance company).  In this example, however, even if you had $50,000.00 of UIM coverage, you would only be getting reimbursed $50,000.00 total, which just covers your medical bills and pays you nothing for your lost wages, pain, or suffering.  Therefore, we encourage you to consider having substantially higher coverage, especially because the cost of the additional coverage is not great.

    Please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899, if you have questions about the coverages you’ve purchased from your automobile insurance carrier. 

Many Americans are killed or injured each year in traffic collisions.  If you want more information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.  

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The following is a reproduction of portions of an article published by Salvatore Zambri, senior partner at Regan Zambri & Long, which he wrote while he served as President of the Trial Lawyers Association of Metropolitan Washington, D.C.  Although he wrote the article in 2007, it is appropriate to publish it again since this year's Law Day will be celebrated by our nation tomorrow, on May 1, 2009.

A LOT TO CELEBRATE:

On May 1, our nation commemorated Law Day, the brain-child of Attorney Charles Rhyne.  In 1958, Mr. Rhyne drafted a proposed U.S. Presidential Proclamation and presented it to President Eisenhower’s Chief of Staff, Sherman Adams.  The proposal, however, did not make its way out of Mr. Adams’ office.

Mr. Rhyne eventually went to visit Mr. Adams.  Having been assured by Mr. Adams that President Eisenhower would “not sign a proclamation praising lawyers,” Mr. Rhyne described what happened next:  “I strode down to the Oval Office and handed it to President Eisenhower himself.  As he stood there reading it, Adams burst in yelling, ‘Do not sign that paper praising lawyers!’”  President Eisenhower signed the proclamation over Mr. Adams’ objection, believing that the freedoms enjoyed by Americans and the rule of law should be commemorated.

“Now, therefore, I, Dwight D. Eisenhower, President of the United States of America, do hereby designate Thursday, May 1, 1958, as Law Day – U.S.A.  I urge the people of the United States to observe the designated day with appropriate ceremonies and activities; and I especially urge the legal profession, the press and the radio, television and the motion picture industries to promote and to participate in the observance of that day.”

The 2007 Law Day theme was “Liberty Under Law:  Empowering Youth, Assuring Democracy.”  The theme clearly recognizes that our children will shape our country’s future.  Consequently, we have the responsibility to teach them about the justice system, the process of the law, and the liberties we enjoy.

Three days after Law Day, at the United States Supreme Court, I had the privilege of speaking to a group of 6th Grade winners of an annual essay contest sponsored by the National Capital Lawyers’ Auxiliary.  I seized upon the theme of the 2007 Law Day Proclamation and suggested that no matter what profession we choose, we must all be intolerant of social injustice and that the privilege of freedom, earned through the courage of those who came before us, must not be taken for granted.  I challenged them to advance America’s promise of equal and fair justice for all.  Having heard their essays, I was inspired . . .

About a week ago, all Americans celebrated the 4th of July holiday, commemorating the signing of the Declaration of Independence.  That document, you will remember, was drafted by merchants, clergy, farmers, soldiers, lawyers, and physicians.  This diverse group joined together and declared:  “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness….”

Lawyer Thomas Jefferson, who initially drafted the declaration, remarked in his first inaugural address:  “It is proper you should understand what I deem the essential principles of our Government, . . . freedom of religion; freedom of the press; freedom of person under the protection of the habeas corpus and trial by juries impartially selected.”

In July 1776, the clangs of the Liberty Bell resonated throughout the world.  In recent years, many have seemingly forgotten the lessons bestowed upon us by that diverse assembly of representatives.  Special interest groups and those with personal agendas seek to redefine the civil justice system, forcing victims of wrongdoing to be treated differently and unequal under the law.  They need a refresher course on American history. . .

If you have any questions about the law or your legal rights, please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899.

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DRIVE  SMART Virginia  reports that "1,026 people died on Virginia’s roadways in 2007. That’s nearly three fatalities every day. Understand this. Cars don’t kill people. Cars are navigated by people. Cars crash by the actions of people. DRIVE SMART Virginia is a traffic safety non-profit that is working hard to make people aware of their responsibility behind the wheel. This website is a key source of tools and information for parents, teens, seniors, business owners, law enforcement, safety managers, teachers or anyone interested in learning more or in making a difference. We’re all on the road together.

Source: DMV: The Highway Safety Office

Take a moment to visit with us to get valuable information on how you can join DRIVE SMART in making a difference on our roadways here in Virginia."

"According to a study by the Virginia Tech transportation institute, nearly 80 percent of car accidents are due to distracted driving.

One of the most dangerous habits is text messaging while driving.  Other distractions include eating, applying makeup and talking on a cell phone. Studies show that someone talking on a cell phone is four times as likely to get into a crash. For someone texting and driving, a wreck is six times more likely.

Governor Kaine said, "Certainly there would not be a more dangerous kind of distraction than trying to text while you're driving so I hope people wont wait until July 1, I think people should stop doing it right now."

Lt. Mike Mondul with the Danville Police Department said, 'Texting while driving can be particularly be dangerous because you actually have to look down at the screen to punch in the letters, which when your eyes are down here their not on the road.' "

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

In 2007, more than 5,100 people were killed in crashes involving large trucks and buses, according to the Department of Transportation.  There were also approximately 100,000 Americans injured in collisions involving both large trucks and buses. The American Association for Justice (AAJ) has urged Congress to take needed steps to reduce highway fatalities and injuries by enhancing safety measures and rules for the commercial vehicle industry. 

“Stricter safety standards, including roof crush resistance, added seatbelt standards and enhanced driver fatigue monitoring, could protect consumers by reducing the severity of motor carrier accidents,” said AAJ Director of Regulatory Affairs Gerie Voss.  “The brakes have been on vehicle safety standards for too long.  Safety features are not a luxury, we hope this administration will accelerate consumer safety to reduce fatalities and injuries.” 

To read the full AAJ report, click here.

For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.   

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Posted by Catherine D. Bertram, Esquire and Salvatore J. Zambri, Esquire

U.S. Department of Transportation Secretary Ray LaHood has urged car makers to crash-test child safety seats in their vehicles so we have data to recommend which child restraints are the safest in each auto.  The proposed "new system would be a victory for parents who struggle to find the best car seats for their children." LaHood said, "What I'd like to talk to the car manufacturers about is the idea that they get some seats, they put them in their car, they crash test them so they can tell people 'This is the best seat for this model car.'"

If you have questions about which child safety seat is the right one for your child you can review the Car Seat Guide published by the American Academy of Pediatrics. The five star rating system for child car seats is explained at the National Highway Traffic Safety Administration's (NHTSA) website.  You can also file a complaint about your child's car seat with NHTSA. 

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Toyota Motor Sales, USA, Inc. is initiating an Equipment Safety Recall with the National Highway Traffic Safety Administration (NHTSA) that involves about 39,100 Toyota Stainless Steel Exhaust Tip retention Clamps. This optional accessory was designed specifically for 2008 model year Highlander and Highlander HV vehicles sold in the United States.

"Due to improper heat treatment, the original clamp used to secure the stainless steel exhaust tip to the exhaust pipe may develop microscopic cracks. If this occurs, the crack may expand causing the clamp to break and in the worst case the exhaust tip may fall off.

There are approximately 39,100 accessory kits that may be affected by this condition. Because this accessory is installed at the Toyota vehicle processing centers and dealers, and is available over-the-counter, all of approximately 121,000 vehicle owners will be notified.

There have been ten reported incidents of this condition in the United States; no other Toyota or Lexus vehicles are involved in this recall.

Toyota will inform owners of the involved vehicles with a Safety Recall notification via first-class mail beginning in early May. The notification will include inspection instructions for owners to determine if their vehicle is equipped with this accessory. Affected owners are requested to contact their local Toyota dealer for inspection and repair."

Customers with questions or concerns should contact the Toyota Customer Experience Center at 1-800-331-4331.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The National Highway Traffic Safety Administration has recently announced that General Motors is recalling nearly 1.5 million passenger sedans manufactured between 1997 and 2003.  According to CNN, "the problem involves a potential for oil to leak on the exhaust manifold during hard braking. When a car operates under normal conditions, the manifold can get very hot."  The abnormal heating can lead to fires.  "The recall covers certain mid- and full-size passenger sedans under GM's Chevrolet, Buick, Oldsmobile and Pontiac brands."  Owners and dealers of the recalled vehicles will be notified soon so that alterations to the automobiles' spark-plug systems can be made free-of-charge.

To read the full CNN report, click here.

If you own a GM vehicle, we encourage you to contact GM and your dealer for more details.  If your vehicle has been recalled, please be sure to get it repaired immediately.

Many people are severely injured each year due to automobile defects.  For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.    

 

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According to NHTSA’s National Center for Statistics and Analysis, “Incidents involving jacks or hoists accounted for about 10,000 injuries seen in emergency departments per year and frequently occurred while repairing vehicles or changing tires.” 

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As reported by Science Daily  and the American Journal of Preventive Medicine, the injury rate for golf carts increased over 130% between 1990 and 2006.   Golf carts  are becoming more popular as primary transportation at sporting events, hospitals, airports, military bases, businesses, parks and college campuses.   About 1,000 Americans a month are injured in golf cart accidents.

Nationwide Children's Hospital, Center for Injury Reserach and Policy, where the first comprehensive study relating to golf cart injuries was conducted, recommends "Because golf carts are not designed for the safe transportation of children, their use for transporting children should be strongly discouraged....In addition, private and public facilities that allow golf cart use can help prevent cart--related injuries by requiring driver's licenses and safety/operations training, establishing safety policies and considering golf cart safety in the design of pathways and landscapes. Given the large increase in golf cart--related injuries over the study period, greater efforts are needed to prevent these injuries, especially among children."

According to a another study conducted by the Center for Injury Sciences at the University of Alabama at Birmingham, golf cart injuries are steadily and significantly increasing, an indication that safety standards and driver education are needed.  "The researchers analyzed a national database of emergency room records from 2002 through 2005. They conservatively estimated there were about 48,000 golf cart accidents nationwide during that four-year period, or about 1,000 a month. Roughly half the accidents occurred on golf courses, the other half at homes, on streets and on other public property.  Fractures and head trauma were the most common injuries found in the study. The highest injury rates were found in 10- to 19-year-old boys and men older than 80."

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As reported in a recent article in the Washington Post,  a young woman escaped from her overturned vehicle onto the Interstate, only to be killed by another car while sitting on the highway.  According to witnesses, she escaped from her overturned car and sat down in a traffic lane. She was hit by another car and died at the scene. 

Earlier this year, a man was killed while stopping on Interstate 495 when he and his companion stopped on the road shoulder so they could trade seats.  According to a state police official at the accident site, "There is no safe parking spot on the interstate.  It is a very dangerous place to be."  Police emphasized that motorists should never stop on any highway and get out of their vehicles unless there is a dire emergency.

According to the teen driving guide for KidsHealth.org, "In 2005 alone, there were more than 6.1 million police-reported traffic crashes in the United States. Combine those with the number of incidents that aren't reported to the police and it adds up to a lot of collisions."  KidsHealth.org provides common-sense driving information directed at teen drivers but useful for anyone who gets behind the wheel of a vehicle.  Following is a brief summary of the suggested guidelines: 

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire 

When buying a car, you need to know what you are getting into.  Although they provide relatively better gas-mileage, certain minicars may be more dangerous to drive.

The Insurance Institute for Highway Safety tested three different minicars--the Honda Fit, the Toyota Yaris and the Smart Fortwo.  In its report, each of these cars performed poorly in the institute's crash-testing performed at 40 miles per hour.  Adrian Lund, the institute's president, told the New York Times that "downsizing and down-weighting is also associated with an increase in deaths on the highway." 

The increasing concern of global warning fueled a greater demand for minicars, which are generally accepted as more eco-friendly.  We encourage you to carefully choose your vehicles so that your safety is not compromised.

The institute's report can be found by clicking here.  Please drive safely.

For information about your legal rights, please click here or call the law firm of Regan Zambri & Long, PLLC  at 202-463-3030.    

 

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A previous DC Metro Area Personal Injury Law Blog posting discussed Safety Officials Urging Drivers to Inspect Tire Valve Stems Distributed by Dill Air Control. Since then, according to a Detroit Free Press article, a new investigation into Ford Motor Company has been initiated by the National Highway Traffic Safety Administration (NHTSA), prompting additional warnings.

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Although everyone wishes that Halloween could just be a night of carefree fun, there are many dangers that both children and adults face on Halloween.  Topping the danger list is probably drunk driving.

The DC Metro area participates in SoberRide service, providing free taxi rides for drunken individuals on Halloween between 10 p.m. October 31 and 6:00 a.m. November 1.  For more information, call (800) 200-8294 (TAXI).

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Halloween can be a very dangerous night for children who frequently become young, and not always very street-smart, pedestrians as they trick-or-treat.  AAA provides the following tips for motorists, parents, and children when making Halloween plans. Crashes involving fatalities, drinking or children increase on Halloween.  Following these AAA precautions could help prevent such incidents.

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DC Metro Area Personal Injury Law Blog recently posted an article on the Halloween hazards that young children face every year. Since this Halloween falls on a Friday, condensing all the party-going and trick or treating to one or two nights, instead of spread out over a week. Because there will be a much larger number of people out that may be participating in raucous activities, it is important that people of all ages keep safety in mind. The following are some great facts and tips on how, and why, to keep safe this Halloween, found in a AAA article.

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As gas prices rise, more commuters are relying on bicycles.  The recent death of a bicyclist when a garbage truck turned into her lane has prompted a heightened public awareness regarding bicycle safety.   The Washington Area Bicyclist Association (WABA) calls for increased safety measures due to an influx of bike traffic. Continue Reading...

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As reported by the Washington Post, the U.S. Department of Transportation recently announced the first major update to its vehicle safety ratings (which grade vehicles on scale of up to five stars) in seven years.  The new program will continue to assess passenger cars, pickup trucks, sport utility vehicles, and vans on the five star scale, but will add an overall safety rating that combines the scores from several crash tests.  Continue Reading...

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More than half of American teens report consuming alcohol, and more than 40% of those underage drinkers say they often get their alcohol free from an adult.  One in four report receiving free alcohol from an unrelated adult, one in 16 report receiving it from a parent or guardian, and one in 12 say they have received it from a family member.  The findings are the result of research recently conducted by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA).

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As of July 1, 2008, some of Virginia's incomprehensible laws will no longer be on the books.  For example, restaurants in Virginia can now serve sangria (a mixture of red wine, fruit, triple sec and brandy), as legislators as have disposed of a law that prohibits restaurants from serving drinks that mix wine or beer with liquor.  Legislators have also done away with the "marriage offer" loophole, which protected men who sexually attack girls between the ages of 14 to 16 as long as they offer to marry the victim.  However, as the Washington Post reports, most of the new laws that take effect July 1st will concern Virginia drivers.  Continue Reading...

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Despite the high gas prices this year, many are planning to drive out of town for the holiday weekend. However, with driving come the risks of drunk driving, unrested drivers, and other dangerous road conditions. To help reduce these risks, the National Highway Traffic Safety Association (NHTSA) has issued a "July 4th Planner 2008." Continue Reading...

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The National Insurance Crime Bureau (NICB) is in the process of developing a database, VINcheck, which would use a car's Vehicle Identification Number (VIN) to track vehicles that have been declared a "total loss" by insurance companies.  The database will be free for the public to access and already has the support of hundreds of insurance companies who would be responsible for submitting the VIN to NICB for tracking. Continue Reading...

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While many high school students engage in behaviors that place their health at risk, the percentage of those students is lower today than it was in the early 1990s.  The finding is the result of a recent Youth Risk Behavior Surveillance Survey conducted by the U.S. Centers for Disease Control and Prevention (CDC).

Unfortunately, many of those substantial improvements were not noted among Hispanic high school students -- a group which is still more likely, overall, to use drugs, attempt suicide, and engage in risky sexual behaviors than either black or white teens.  That trend is particularly troubling, according to researchers, as Hispanic people comprise the largest and fastest-growing minority group in the U.S. 

The CDC survey is conducted every two years.  In 2007, more than 14,000 students participated.  Those students were drawn from 39 states and 22 urban school districts.

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It's called "21 for 21" -- college students knock back 21 alcoholic drinks on their 21st birthday, jeopardizing their health and their lives.  The deadly effects of the drinking ritual are the subject of new research conducted at the University of Missouri, and recently published in the Journal of Consulting and Clinical Psychology. Continue Reading...

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Cell phone restriction laws for teenage drivers may not be having their intended effect.

According to a recent study by the Insurance Institute for Highway Safety, North Carolinian teenagers continued to use cell phones while driving as frequently as they had before the restrictions were passed.  In fact, the study found that cell phone use actually increased from 11 percent of teens to 12 percent after the law’s passage.  In comparison, the study found that South Carolina teenagers used cell phones about the same as their North Carolina counterparts.  However, South Carolina has no similar restriction on cell phone use.

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With powerful, fast-moving thunderstorms sweeping through the DC area yesterday, and with more storms on the horizon this summer, it's important to be familiar with some general lightning safety tips.  Understanding lightning and its dangers, as well as what to do during a storm can help significantly reduce the risk of lightning related injury, or even save your life.  Continue Reading...

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According to a study published in the May issue of the Journal of American College of Surgeons, the use of airbags in combination with seatbelts considerably reduces injuries to the brain, face, spine and chest during motor vehicle collisions.  As reported by the Washington Post, the study also shows that simultaneous airbag and seatbelt use leads to lower in-hospital death rates, injury severity and hospital-acquired infections among crash patients.

The study suggests that optimal use of airbags could potentially reduce the use of resources at trauma centers, thus lowering costs.  According to the researchers, if all unrestrained crash victims evaluated in the study had used both an airbag and a seatbelt, the estimated cost savings in terms of infection-related deaths and saved hospital days would be more than $60 million over a period of 11 years. Continue Reading...

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Memorial Day Weekend marks the beginning of high-visibility enforcement of seat belt laws by law enforcement agencies throughout the nation as part of the 2008 Click It or Ticket campaign.  The enforcement period for 2008 runs from  May 19 - June 1, with paid media coverage of the campaign running from May 12 - May 26.

As part of this year's Click It or Ticket event, the National Highway Traffic Safety Administration offers the following facts regarding seat belt use:

"When parents travel without their safety belts, their children’s restraint use drops by 36 percentage points.

In 2004, 55 percent of those killed in passenger vehicles were not wearing safety belts.

Safety belts are effective in preventing total ejections; only 1 percent of the passenger vehicle occupants reported to have been using restraints in fatal crashes were totally ejected compared with 29 percent of the unrestrained occupants.

Motor vehicle crashes in 2000 cost a total of $230.6 billion. This equals $820 for each person living in the United States.

The general public pays nearly three-quarters of all crash costs, primarily through insurance premiums, taxes, delays, and lost productivity.

The African-American population is expected to increase by 13 percent by 2010, which will significantly increase its exposure to traffic crashes."

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One of the deadliest risks faced by motorists is the risk of a rollover accident -- particularly for those who drive SUVs, minivans and trucks, which tend to have a higher center of gravity and a greater propensity to tip.  According to the National Highway Traffic Safety Administration (NHTSA), more than 280,000 rollover accidents are reported each year. Those rollovers kill more than 10,000 motorists annually.  Continue Reading...

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Teenage drivers in the U.S. often overestimate their level of driving experience. That false confidence in their driving abilities puts them at risk for accidents and personal injuries.  The finding is a result of new research published in a recent edition of the journal Pediatrics.

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Contrary to what you may hear or see on television, most teens aren't drinking and driving or using illegal drugs this prom season.  Still, each year many talented and promising young people across the U.S. are, in fact, killed in prom-related accidents -- many involving drugs or alcohol.  This year, take time to review with your teenager the importance of exercising good judgment and making responsible decisions related to the risky behaviors that he or she might have an opportunity to engage in following a high school prom.

The following prom safety tips for kids and parents are provided courtesy of The Children's Hospital:

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According to a new analysis of U.S. injury data, approximately 37,000 people over age 65 are injured annually while attempting to enter or exit a vehicle.  Roughly 40% of these injuries were due to falls.  Additionally, the same group was found more likely to be hospitalized as a result of falls than was the average driver.  These findings are the result of new research published in a recent edition of the Journal of the American Geriatrics Society.

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Although many people with mild dementia (such as in early Alzheimer's Disease) may initially be able to drive safely, their driving skills predictably decline over 1 - 2 years to a level that often leaves them unsafe to drive.  The finding is the result of new research published in a recent edition of the journal Neurology -- the official journal of the American Academy of Neurology.

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Conventional wisdom may hold that drunk drivers are habitual drinkers, but new research shows that people who get drunk only on occasion account for almost half of all DWI offenses.  This latest study, published in a recent issue of the journal Alcoholism: Clinical & Experimental Research, draws its research data from the 2006 Behavioral Risk Factor Surveillance System survey -- a survey involving interviews with more than 350,000 adults living in the U.S. each year.

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Contrary to popular belief, pregnant women should wear seat belts, not only to save themselves in the event of a car accident but also to save their fetuses.  The finding is the result of recent research published in the April issue of the American Journal of Obstetrics & Gynecology.  According to the study, almost 200 fetuses each year -- half of all fetal losses in motor-vehicle crashes -- could be saved if pregnant women wore seat belts properly. Continue Reading...

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The 8th annual Work Zone Awareness Week will be held April 7th - 11th, 2008.  Organized by the American Traffic Safety Services Association (ATSSA), this year's theme is "Slow for the Cone Zone."  The event is recognized across the nation, but the initial kick-off celebration will be held on April 8th in Sacramento, California -- the first annual kick-off held outside the DC Metro area.  The event aims to draw national attention to motorist and worker safety and mobility issues in work zones.

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Mild traumatic brain injury is often followed by post-concussion syndrome, but brain injuries, it turns out, aren't the only traumas which predict the neurological condition.  The finding is the result of new research published in a recent edition of the Journal of Neurology, Neurosurgery and Psychiatry.

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Alcohol abuse is prevalent among many different demographic groups in the United States, including all of the following, to name just a few examples:

College students who binge drink at local bars.

Pregnant women who drink and put their babies at risk for fetal alcohol syndrome.

Professionals who drink after a long day of work.

Senior citizens who drink out of loneliness.

To help more Americans recognize the seriousness of alcohol abuse, the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) has designated April 2008  Alcohol Awareness Month.

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Simply listening to a caller on a cell phone while driving may distract the brain enough to contribute to an accident.  The finding is the result of a new study conducted at Carnegie Mellon University and published in a recent edition of the journal Brain Research.

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Parents can help to reduce their children's risk of problem drinking during college by keeping a more watchful eye on them during high school.  The finding is the result of new research published in a recent edition of Substance Abuse Treatment, Prevention, and Policy. Continue Reading...

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A head injury traumatic enough to cause unconsciousness can result in widespread, permanent destruction of brain tissue.  The finding is the result of research recently published in the journal Neurology -- the official journal of the American Academy of Neurology -- and helps to explain why some people who suffer Traumatic Brain Injury (TBI) often experience irreversible personality changes following their injuries.  Continue Reading...

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This month is Brain Injury Awareness Month -- a time designated for building public awareness and promoting education regarding brain injuries and their prevention. Continue Reading...

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Teenage passengers involved in an automobile accident are more likely to die than other passengers in the same circumstances -- particularly if the driver is young and inexperienced.  The finding is the result of new research published in a recent edition of Archives of Pediatrics & Adolescent Medicine.  Continue Reading...

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The General Assembly for the State of Virginia recently amended and reenacted its driving laws relating to underage drinking and driving.   According to House Bill No. 719,  the penalties for underage drinking and driving "provides that "zero tolerance" (0.02% BAC) underage drinking and driving is punishable as a Class 1 misdemeanor.  Currently, the punishment is loss of license and a fine of no more than $500.  This bill provides for a forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and a mandatory minimum fine of $250.00.  Punishment set forth in the bill mimics punishment for DUI."

Full details: Section 18.2.266.1 of the code of Virginia

All states have some version of "zero tolerance" laws for underage drinking and driving.  Virginia just took a step to strengthen its laws relating to this on-going problem.

Teenagers may consider drinking as a necessary rite of passage activity to fit in with the crowd.  In reality, teens who drink are endangering themselves and others.  Teens who drink and drive are breaking the law.


Familydoctor.org highlights the dangers of teen drinking in Drinking: It Can Spin Your World Around: Facts for Teens.  The article also includes links to a number of other safety organizations focusing on teens and alcohol. 

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March is Spring Break season for many college-age Americans, and one of the first opportunities of the year to set aside the books and vacation with friends.  Too often, those vacations turn dangerous or deadly, due partly to risky behaviors frequently associated with Spring Break festivities.  The U.S. Centers for Disease Control and Prevention (CDC) has identified some common Spring Break risks, and recommends the following to keep you and those around you safe and healthy this spring: Continue Reading...

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Washington, D.C. is unique as one of the few U.S. cities built according to a preconceived plan.  Its grid-based pattern of roads is relatively easy to comprehend, but maneuvering across it in a car can be a challenge.  Following are some metro area traffic laws that aren't necessarily common to other U.S. cities.  Knowing these can help make you a safer driver, and make your time in DC more enjoyable:

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According to a recent article in the Washington Post, a Prince George's County adolescent was attempting to stop his Crown Victoria last Saturday morning at 3:00 a.m., as he struck a crowd of spectators gathered for an illegal street race on a desolate country road.  Apparently, the driver was not a participant in the race, and reportedly did not see the crowd of onlookers until it was too late.  Eight people died in the collision, another six were injured.

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Winter weather in the DC Metro Area and elsewhere can take a toll on aging streets and roadways.  Potholes caused by freezing water can quickly turn well-traveled streets into dangerous obstacle courses.  Road crews repair many of these holes in late winter or early spring, creating a temporary hazard of an entirely different sort.  The Virginia Department of Transportation (VDOT) reminds motorists to watch for road workers this season and to drive carefully through areas where service crews are making repairs.  The organization offers the following tips for motorists to ensure the safety of road workers and drivers, alike: Continue Reading...

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When winter temperatures drop significantly below normal, staying warm and safe can become a challenge. Extremely cold temperatures often accompany a winter storm, so you may have to cope with power failures and icy roads. Although staying indoors as much as possible can help reduce the risk of car crashes and falls on the ice, you may also face indoor hazards, such as communication, heating and food complications.  The U.S. Centers for Disease Control and Prevention (CDC) reminds everyone to be safe throughout the rest of this winter season, and to check the following supply lists to prepare in advance of particularly nasty winter weather: Continue Reading...

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Super Bowl Sunday is one of America’s most popular and most entertaining national sporting events, but it's also one of the most dangerous days on the nation's roadways, due in part to the thousands of fans who drive under the influence of alcohol each year.  If you plan on consuming alcohol while supporting your favorite team this Super Bowl Sunday, The National Highway Traffic Safety Administration hopes you'll be smart and pass your keys to a sober, designated driver before you ever start drinking. 

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Although many states do allow the use of cell phones while driving, in the District of Columbia, it is illegal to use any kind other than a hands-free device.   For each offense, drivers are fined $100.00 for violating this law, in effect since July 1, 2004. 

Motorists who talk on wireless phones while driving tend to drive slower, forgo opportunities to pass slow-moving vehicles, and generally take longer than other drivers to reach their destinations.  Overall, people who talk on the phone while driving have the cumulative effect of congesting traffic.  The finding is the result of recent research conducted at the University of Utah. , and presented at the annual meeting of the Transportation Research Board. 

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The high volume of traffic in and around the metro area means lengthy commutes for many area residents, and lengthy commutes eat into relaxation time, as well as time motorists could devote to home and work responsibilities -- it's a situation that creates significant frustration and often contributes to aggressive driving.   Aggressive driving has a significant impact on the safety of DC-area roadways.  The Virginia Department of Motor Vehicles (DMV) encourages area motorists to help address the problem of aggressive driving by adopting the following safe driving practices related to aggressive driving:

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Recent charges from a fatal accident involving a teenage driver reminds us of the particular dangers when mixing teenagers and motor vehicles.  Contributing factors often include lack of experience, distracted driving, excessive speed, aggressive driving, not using seat belts, driving while drowsy, alcohol and drug use, dare-devil activities. 

A fatal single-vehicle crash in Charles County, Maryland that claimed the life of one area teen last November has resulted in charges of reckless and negligent driving against the driver -- a 17-year-old Brandywine girl.

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Chronic medical conditions require a variety of routine medications.  Unfortunately, many of those medications are known to cause drowsiness, sap energy and slow reaction times in drivers.  In most areas of the U.S., it's necessary to drive to remain independent -- to get to the grocery store, the doctor, to visit friends, and even to get to work.  Because our ability to drive safely can be affected by prescription medications and our health, in general, the National Highway Traffic Safety Administration (NHTSA) offers the following facts and tips regarding safe driving for individuals who take multiple medications: Continue Reading...

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Walking is a great way to exercise and experience the beauty of the winter season first-hand.  On particularly snowy days, it may even be the only reliable mode of transportation!   Walking over snow and ice can easily lead to injuries, however.  Before you bundle up and trudge your way to work or school, take time to review these winter walking safety tips, courtesy of the National Highway Traffic Safety Administration (NHTSA): Continue Reading...

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There is a strong correlation between states that lack stringent seat belt laws and states that suffer high percentages of fatal accidents on rural roads, according to a recent analysis by researchers at the Center for Excellence in Rural Safety at the University of Montana. Continue Reading...

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According to the National Safety Council (NSC), traffic death rates triple at night, on average.  Nighttime driving is both more difficult and more dangerous than many drivers realize -- for drivers of all ages, but particularly for older drivers, who can't see as well in the dark, and for younger drivers who are more likely to attempt to drive while impaired.  By preparing your vehicle for night driving, and adhering to the following guidelines, provided courtesy of the NSC, you can minimize some of the inherent dangers of driving in the dark: Continue Reading...

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If you're hosting a holiday party this season, keep in mind that a responsible host protects his or her friends and loved ones by planning in advance to prevent drunk driving.  To help with that advance planning, Mothers Against Drunk Driving (MADD) offers the following holiday party safety tips to help ensure that your seasonal get-together is both successful and safe:

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The Washington Regional Alcohol Program (WRAP) -- a private-public coalition formed to fight drunk and drugged driving in the metro area -- has announced the kickoff of its 2007 Holiday SoberRide Program.  Beginning on December 7th, and ending on January 1st, inebriated drivers in the metro area will be able to request a free cab ride (up to $50 in value) between the hours of 10:00 p.m. and 6:00 a.m., by dialing 1-800-200-TAXI, or by dialing "TAXI" from any AT&T wireless phone. 

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Trains have a way of captivating children -- unfortunately, that interest occasionally leads to injuries and even fatalities, as many children don't understand the dangers associated with trains and railroad crossings.  In 2006, alone, 530 people were killed on railroad tracks in the U.S.  Thirty-nine children under the age of 15 died in an accident involving a train during the previous year.  SafeKids.Org offers the following Railroad Safety Quick Tips, designed to help parents teach their children about the dangers posed by trains:

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Toy cars are prized posessions for many young children -- that's partly why it's so important for parents to explain that real vehicles are not toys or play areas.   Even car trunks, which may seem like a harmless automotive feature, can pose risks to kids in the form of entrapment dangers.

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We have addressed the dangers associated with teen driving many times here on the DC Metro Area Personal Injury Law Blog.  While awareness is important, awareness alone won't solve the problems associated with dangerous teen driving.  Partners for Safe Teen Driving is a program that enables schools and communities to help their teens become safer drivers.  The program was co-created by the Prince William County Public School System, the Virginia Department of Education, the Virginia Department of Motor Vehicles, and the Virginia Association of Driver Education and Traffic Safety.  Four school systems in Virginia have already implemented successful programs based on the step-by-step approach outlined on the partnership website, and taken steps toward improving the safety of their roads and their teenagers.

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The holiday season is a period of increased highway travel for many metro area families, and also a season of unpredictable inclement winter weather.  Before you take to the roads this winter, take time to familiarize yourself with the following winter driving safety tips, courtesy of the National Highway Traffic Safety Administration (NHTSA):

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This holiday season will bring an increase in highway travel as metro area residents commute to family gatherings and embark on shopping trips.  Unfortunately, that increased traffic is also projected to bring a corresponding increase in traffic accidents and fatalities.  More than 900 people currently die on Virginia's highways each year -- an average of three per day.  In response, the Virginia Department of Transportation (VDOT), the Virginia State Police and the Virginia Department of Motor Vehicles (DMV) have created and co-sponsored the website SafeVAHighways.Org -- an educational effort to slow the state's escalating fatality rate and save lives.

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As recently reported by the Washington Post, another tragic accident has claimed the lives of four local teenagers.  The high school basketball players were returning home from shooting baskets after school.  Three of the teens were declared dead at the accident site, another died the following morning.  Only one of the passengers survived the crash.

A deadly combination of speed, inexperience, distraction, and illegal passengers stopped these young lives.  According to the police, the driver was speeding when he veered onto the shoulder of the road, then overcorrected, causing the car to spin and slide sideways into the path of an oncoming vehicle.  None of the occupants were wearing seat belts.  Loud music was blaring from the car's speakers.  The 16-year-old driver had just obtained his license only a couple of months prior to the accident.  A 2005 Maryland law prohibits teenage drivers from having anyone under 18 in the car with them for the first five months after obtaining a license. 

Teenage driving is inherently dangerous, for exactly the reasons that caused this accident.  Parents and their teenagers should use an incident like this as an opportunity to review their family ground rules for driving.   We have previously provided a number of articles to assist parents in reinforcing safe driving habits for their children.

• Back-to-school safety tips for teen drivers and their parents
• Drowsy teens are dangerous drivers
• Teen parties and driving
• More tips for teens about parties and driving
• Teen driver expectation programs
• Benefits of graduated licenses
  

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We've written at length on the DC Metro Area Personal Injury Law Blog about helmet safety and the importance of bicycle helmets -- your best protection from head injury in the event of an accident.  Headlights and taillights help prevent dangerous accidents, however, by making your bicycle more visible, and illuminating obstacles in your path.  Thanks to the Washington Area Bicyclists Association (WABA) and the District Department of Transportation (DDOT), you can outfit your bicycle with headlights and taillights free of charge this November 2nd and November 9th.  Continue Reading...

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The Washington Post offers common sense advice for Halloween travelers and revelers.

Getting Around on Halloween

"Some good advice for motorists and for trick or treaters everywhere, compiled by the Maryland State Highway Administration:

For Drivers
-- Stop for pedestrians in marked crosswalks and intersections.
-- Motorists should exercise extra caution during peak trick-or-treating hours between 4 and 9 p.m.
-- Slow down and obey the speed limit and all traffic signs/signals in residential neighborhoods.
-- Enter and exit driveways slowly.
-- Be alert for children crossing and darting across the street.
-- Watch for children crossing between parked cars.
-- Always look out for pedestrians, especially before turning at a green light or making a right turn on red.
-- When driving children to trick-or-treat or to a costume party, make sure all seat belts are fastened and let children out of the car on the curbside.

For Pedestrians
-- Cross at marked crosswalks and intersections.
-- Look left, right, and left again before crossing the street.
-- Be sure to see and be seen. Avoid dark clothing, wear bright colors and use reflective devices.
-- Avoid costumes that may impair vision.
-- Make eye contact with drivers when crossing the street.
-- Stay alert and be on the look out for cars traveling above the speed limit.

Taxis
The Washington Regional Alcohol Program says the Halloween SoberRide program will be operating from 8 p.m. on to 4 a.m. to assist those who have been over served in getting home during this high-risk period.

People 21 and older who need the service can call the toll-free SoberRide phone number (1-800-200-TAXI) and get a ride home home at no cost up to what would otherwise have been a $50 fare.

Some D.C. taxi drivers are likely to be on strike today in a protest against the plan to convert the fare system from zones to meters. SoberRide expects that there still will be enough available to make the program work. But the strike is something to keep in mind if you intend to go bar hopping. It may be difficult to hail a cab on the street afterward."

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Thanks to a change in Daylight Savings Time, trick-or-treaters will be made safer by an extra hour of evening light this year.  A lack of light on Halloween evening isn't the only danger posed to young ghosts and goblins, however -- many injuries each year stem from trips and falls attributed to unsafe costumes.  When planning your child's costume (or your own) this year, keep in mind the following advice, courtesy of Consumer Reports: Continue Reading...

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Each year, we post new Halloween health and safety tips here on the DC Metro Area Personal Injury Law Blog, but the basic dangers related to Halloween festivities tend to remain the same.  Following are some good, common sense tips for a safe celebration, courtesy of the American Red Cross:

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We've covered youth drinking before on the D.C. Metro Area Personal Injury Law Blog, but the subject bears repeating:  one of the most effective things parents can do to protect their children is to communicate with them about alcohol.  On its website for underage drinking prevention, the Substance Abuse & Mental Health Services Administration (SAMHSA) advises parents that while all teens can be harmed by alcohol use, the following risk factors put some teens at exceptional risk of alcohol-related problems: Continue Reading...

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The Federal Motor Carrier Safety Administration (FMCSA), in conjunction with the Commercial Vehicle Safety Alliance (CVSA) has kicked off a one-week campaign called "Operation Safe Driver."  The event, which runs from October 21 - 28, is designed to prevent trucking accidents, which are caused by negligent commerical drivers and negligent non-commercial drivers, alike.  The objectives of the campaign are as follows:

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We recently posted safety tips for trick-or-treaters here on the DC Metro Area Personal Injury Law Blog, but adults play a significant role in making Halloween safe, as well.  Following are some simple suggestions from the National Crime Prevention Council (NCPC) on making your home and neighborhood a safer place this Halloween evening:

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October 22 - 26 is School Bus Safety Week.  We have previously covered school bus safety on the DC Metro Area Personal Injury Law Blog, but this annual safety event is a good opportunity to remind readers that a school bus is no playground.  Following are some helpful general safety tips for kids who commute by school bus, courtesy of the National Association for Pupil Transportation (NAPT): Continue Reading...

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The U.S. Department of Transportation has announced a new federal initiative to develop multi-state interstate highway corridors, including truck-only lanes, to decrease congestion and prevent truck accidents along six interstate routes, including Interstate 95, from Florida to the Canadian border.  Interstate 70, terminating at Baltimore, will also receive federal funding for improvements. 

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The price of an automobile doesn't always correlate to its safety rating, according to a recent news release from the Insurance Institute for Highway Safety (IIHS).  The organization issues ratings of "Good," "Acceptable," "Marginal," and "Poor" following crash tests in which a weighted frame approximating a large SUV or truck strikes the parked vehicle on the driver's side at a speed of 31 miles per hour.  Side impacts are the second most fatal type of crash -- frontal collisions are generally the most deadly. 

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New RAND Corporation research reveals that drivers over 65 years of age are 16% more likely than the average adult driver to cause an accident, but as a group, they're not the most dangerous -- drivers under 24 years of age are 188% more likely to cause an accident. 

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Rates of substance abuse are a national concern, but prevention efforts are more successful when they're implemented locally, according to the Substance Abuse and Mental Health Services Administration (SAMHSA), a division of the U.S. Department of Health and Human Services (HHS).  To encourage and assist in the development of local initiatives, the agency has published Focus on Prevention, a free, downloadable guidebook of proven and practical solutions to implementing successful substance abuse prevention programs for youth.  Continue Reading...

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There are 585,000 school buses in this country.  Many without seatbelts.  Yet statistics show that this is the safest way to travel to school.  Nevertheless, children are killed each year in bus accidents.  On average, five children are killed on school buses each year and another 15 are killed when struck by a bus.    The experts estimate seat belts would save an average of one child's life each year.

In Arlington, Virginia, two children were killed when their bus was struck by a garbage truck in April of this year.    Twenty-six children wearing seat belts in New York when their bus flipped over only suffered minor injuries.

"School buses are old-fashioned, out-dated and don't give children the benefit of current safety techniques," says Alan Ross, president of the National Coalition for School Bus Safety. He says school buses should have seat belts and be redesigned so they are not so top-heavy and prone to rolling over.

According to Michael Martin, executive director of the National Association for Pupil Transportation, some states, such as New York, New Jersey and Florida require new buses to have seat belts. Only New Jersey and Florida require students to use them.

According to a report called The Relative Risks of School Travel, when measured by miles traveled or number of trips, school bus travel is the safest way to get to school.  This report was published by produced by the Transportation Research Board.

The most dangerous way to travel to school is teens driving to school — 100 times more deadly than riding a school bus, when measured by miles traveled.

If you or your family member have been seriously injured in an accident you can contact the attorneys at Regan Zambri & Long by clicking here or calling 202-463-3030.

 

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One helpful resource for reducing teen drinking and its associated dangers is DontServeTeens.gov, a public service website maintained by the U.S. Federal Trade Commission (FTC).  The website offers tips for reducing teens' access to alcohol, talking points for discussing the dangers of alcohol, and a directory of state laws aimed at reducing underage alcohol consumption.  Distinct categories of the site address how everyone can help curb teen drinking, whether you're an individual, a member of an organization, a member of the media, a retailer, or law enforcement personnel. Continue Reading...

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Previously, a number of articles regarding Back to School Safety issues were posted on the DC Metro Area Personal Injury Law Blog by Regan Zambri and Long.  Add to those recommendations: darker evenings of autumn can pose added dangers to young pedestrians and school bus riders, who may not be seen as readily as usual by motorists.  In addition to wearing shoes and backpacks with reflective strips or materials, a basic brush-up on pedestrian and school bus safety can pay dividends in this time of year.  The National Highway Transportation Safety Administration (NHTSA) offers the following Tips For Improving School Bus Safety in your neighborhood: Continue Reading...

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Accidental deaths in the U.S. are increasing at an alarming rate according to data recently released by the National Safety Council (NSC).  Over the last 10 years, the rate of accidental death has jumped by more than 20%.  In fact, accidents are the number one cause of death for people between the ages of 1 and 41, with approximately one death occuring every 5 minutes.  The top-ranking causes of accidental death are as follows:

1. Vehicle crashes
2. Poisoning
3. Falls
4. Choking
5. Drowning

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The latest U.S. traffic fatality data shows the lowest rate of annual traffic deaths ever recorded, according to the National Safety Council (NSC).  Unfortunately, the rate of motorcycle deaths has increased for the ninth consecutive year.  Motorcycles have grown in popularity as a means of transportation, particularly in light of recent fuel prices.  The NSC blames the majority of motorcycle deaths on the failure to wear a helmet, however, and notes that many states have recently repealed their motorcycle helmet laws (only 20 states and D.C. still require helmets).  In 2005, 47% of all motorcycle deaths occurred among riders 40 years of age or older -- a new trend highlighting the popularity of motorcycling among baby boomers. 

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September is Child Passenger Safety Month -- a month when children begin commuting to school each day and spending more time on the road.  Designating the month as a time to focus on child safety is one aspect of a national effort by the U.S. National Highway Traffic Safety Administration (NHTSA) and the National Automobile Dealers Association (NADA) to save lives by preventing injuries to children.  This national campaign, called "Boost to Safety," focuses on the importance of child safety seats.

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Graco Children's Products, Inc. and Britax Child Safety, Inc. have each recently issued safety alerts related to certain models of child safety seats for automobiles. 

Affected Graco seats have misrouted lower anchor belts -- a flaw that could prevent the seat from remaining firmly restrained in the event of a collision, and potentially lead to serious injuries.  On affected units, the lower anchorage belt was mistakenly routed behind the shoulder portion of the harness rather than under the buckle portion of the harness.  These seats are not being recalled, but the manufacturer has issued a safety notice and instructions for re-routing the lower belt.

The Britax seats are being recalled because under certain circumstances, when the harness adjuster strap is pulled from an angle, the bezel may separate from the restraint shell, causing difficulty with the proper adjustment of the harness.  This difficulty may lead to improper usage or adjustment, and a loose-fitting belt may ultimately cause injuries in the event of an accident. 

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Many families will soon hit the road for one last summer trip or vacation, but many will overlook one of the most important safety considerations of all, according to the U.S. National Highway Traffic Safety Administration (NHTSA) -- the condition of their vehicle's tires.  Proper tire condition (including proper inflation) can improve your vacation in the following ways:

• "Improves vehicle handling
• Helps protect you and others from avoidable break-downs and accidents
• Improves fuel economy
• Increases the life of your tires"

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The number of alcohol-related traffic fatalities rose in Virginia and Maryland in 2006, but fell in D.C., according to new data released by the National Highway Traffic Safety Administration (NHTSA).  The numbers were made public as part of a press briefing co-sponsored by NHTSA and Mothers Against Drunk Driving (M.A.D.D.), where the organizations announced an $11 million nationwide Labor Day campaign for 2007 called "Drunk Driving.  Over the Limit.  Under Arrest."

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Late summer is a popular time for recreational boaters, and consequently a time of increased boating injuries, many of which involve alcohol as a contributing factor.  Operating, or even riding in a boat while intoxicated poses a number of dangers that may not become evident until it's too late.  According to the U.S. Coast Guard (U.S.C.G.), alcohol is particularly dangerous to boaters for these reasons, among others: Continue Reading...

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