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

Posted by Salvatore J. Zambri, founding member and senior partner

Once again, the National Highway Traffic Safety Administration (NHTSA) is promoting its annual national drunk driving enforcement during the final weeks of summer vacation in an effort to crack down on impaired driving and reduce highway fatalities.

                                

         2010 Impaired Driving National Enforcement Crackdown
                            August 20 - September 6, 2010

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Posted by: Salvatore J. Zambri, founding member and senior partner

                                                                                                                    

As you know from reading my blogs, I have been giving presentations for years to students throughout the Metro area about the dangers associated with driving while being distracted (through cell phone use, texting, drinking, loud music, rubber-necking, etc.).  The Department of Transportation has announced that it will hold its second National Distracted Driving Summit on September 21.  I applaud this effort.

The DOT stated on its website:

"From the powerful momentum of last year's distracted driving summit, we've seen some important efforts emerge in the fight against this deadly epidemic. But we're not about to rest now.

That's why we're hosting a second National Distracted Driving Summit on September 21 here in Washington, DC. By getting the best minds together, we think we can figure out effective ways to get people to put down their phones and pay attention to the road."

Distracted driving is an epidemic indeed.  We need stronger regulation, greater education, and cooperation by parents and communities to resolve the problem.  If we don't act fast, millions of people will be severely injured or killed.

Here are a few of my previous blogs about distracted driving that you may find interesting:

• Distracted Driving Kills, Seriously Injures
• More Than 1.6 Million Car Crashes Caused By Texting, Cell Use
• Cell Phone Use, Texting While Driving Causes Catastrophic Consequences
• Oprah Winfrey Speaks Out Against Distracted Driving
• Laura Bush's New Book: More Attention to Distracted Driving

 

Please drive safely.

 

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He 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 specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. 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.  Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition) and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

If you have any questions 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, founding partner

Following a fireball accident involving a propane truck rollover and explosion accident in Indiana last October, the National Transportation Safety Board is examining whether enough is being done to prevent tanker trucks hauling hazardous loads from rolling over. "Tankers, more than other trucks, are susceptible to rollovers because the weight distribution of the liquid they carry can shift suddenly if vehicle changes direction too quickly. A two-day hearing on the fiery crash begins Tuesday."

The hearing will focus on a wide range of truck safety issues:

• "Vehicle design changes,
• Capability and limitations of electronic stability control systems,
• Role of driver training and testing,
• Roadway factors that could contribute toward vehicle instability,
• Initiatives to protect highway bridge piers from vehicle impacts, and
• Crashworthiness standards for cargo tanks transporting high-risk hazardous materials."

On average, there are 1,265 cargo tanker rollovers each year.  As a result, safety on our nation's highways is becoming more challenging each year.  Since trucks represent a disproportionate share of highway rollovers, investigations such as the one proposed by NTSB may help institute new requirements aimed at keeping unsafe tankers off the highways.

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

According to Consumer Reports, there is "[g]ood news for safety-conscious car-buyers: The National Highway Traffic Safety Administration (NHTSA) is about to launch an overhauled crash-test program that makes it tougher for any car to earn five stars in crash worthiness....
The new scores can’t be compared against results from previous years, since both the testing and scoring criteria will be different. Once the tests are completed, the new ratings will be posted on safercar.gov."

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He 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 specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. 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.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions 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, founding partner

                                                                           

Democrats in Congress are fighting to push legislation to improve regulation and oversight of auto safety.  This important legislation should pass into law.

The New York Times agrees. The Times (7/31) editorializes, "The United States has done a fairly good job so far of policing the safety of cars and trucks. The number of deaths in traffic accidents dropped to an estimated 34,000 last year - the least since the 1950s.  But that is still too many deaths. ... The Motor Vehicle Safety Act requires all vehicles to have a brake override system to ensure that a vehicle can be stopped even if the throttle is open. Pedals must exceed a minimum clearance from the floor to avoid snagging car mats. Electronic control systems must meet minimum performance standards, to be set by the National Highway Traffic Safety Administration. And all vehicles must come fitted with recorders that log operational data and help determine the causes of accidents. But perhaps more important, the bill would broadly change the system of overseeing and enforcing safety rules."

By overseeing and enforcing safety rules, auto manufacturers will be forced to put safety over profits.  With all that is being revealed surrounding the Toyota crisis, coupled with the many auto recalls we have learned of over the past few years, now is the time to create and enforce laws that protect consumers.

I encourage you to contact your local and federal representatives to urge them to support laws that promote auto safety.

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He 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 specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. 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.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions 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, founding partner

                                                                                                                    

I was contacted earlier this week to represent the family of a man who died when he fell seven stories as a result of a work accident that likely could have been prevented. 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

                                                                           

Toyota's woes continue.  The Washington Post (7/30, Cha) reports that Toyota announced yesterday the recall of "412,000 Avalons and Lexuses for steering problems, bringing the number of cars recalled around the world since October to nearly 9 million. The 373,000 recalled Avalons, dating from between 2000 and 2004, have improperly cast steering lock bars that appear to have been a factor in three accidents reported to the company. This problem can cause what Toyota described as a 'minute' crack to develop on the surface. The crack, in turn, can break the bar and lock the steering wheel, increasing the risk of a crash." A smaller number of Lexus models "have a different steering shaft problem and no injuries have been reported related to this issue, Toyota said."

Bloomberg News (7/30, Ohnsman, Kitamura) adds, "Toyota also said it will recall 80,000 Land Cruisers for another problem involving steering shafts. The world's largest automaker is working to improve quality following global recalls of more than 8 million cars and light trucks for defects linked to unintended acceleration," noting that the crisis resulted in a $16.4 million fine and pending auto safety legislation.

The Los Angeles Times (7/30, Hirsch, Times) adds that the "latest recalls bring the number of vehicles Toyota has recalled in the last year to about 9 million worldwide. That's almost as many vehicles as were sold by all manufacturers in the US last year. ... Toyota faces hundreds of lawsuits arising from its problems with sudden acceleration and sticking gas pedals and has been the target of intense scrutiny by federal safety regulators and Congress."

As an attorney who represents many people who have been injured as a result of defective vehicles, I will keep a close eye on these issues.  In the meantime, if you own an Avalon or Lexus, I encourage you to immediately contact Toyota about potential defects.

Be safe.

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He 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 specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. 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.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions 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 Catherine Bertram                                       

There are 270 million cellphones in use and,  according to the Harvard Center for Risk Analysis, cell phones have caused 636,000 crashes, including  2,600 deaths, 342,000 injuries and a financial toll of $43 billion each year.

Despite recent public campaigns to get people to put down their phones while driving, 81 percent of people saying they use cellphones.  That means by one calculation that at any given time almost 1 million drivers in cars are talking while on the nation's highways.  In a study released last week,  research released last week on Beltway drivers in Virginia put the number at one in four.

Yesterday, on Fastlane, DOT's official blog, they announced a second national summit on distracted driving will be held Sept. 21 to highlight the problem and find ways to combat it, the U.S. Department of Transportation announced Tuesday. In 2008, more than 20 percent of crashes that year involved distracted drivers.  This is a great step in the right direction. We need the country's top experts to work together to stop this needless loss of lives. 

At this point, this is a public health crisis.  How many people need to be permanently injured or die before we take action?

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Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

In an excellent article by Robert McCartney, published in the Washington Post today, Mr. McCartney notes that "the NTSB took pains in its admirable report to emphasize two messages that weren't about money at all. First, the Red Line crash, like some previous Metro accidents, was directly attributable to what the NTSB labeled an 'anemic safety culture'".  He suggests that "Metro must undergo a top-to-bottom overhaul of its institutional habits and mind-set so that everyone places a higher priority on safety."

As National Traffic Safety Board Chairperson Deborah Hersman stated, "When safety is more important than schedules, their organizational culture can be a success."  If profits are put about safety, bad things will happen.  Very bad things.

As Mr. McCartney points out, based on the NTSB report, "Metro comes up short in virtually every category" related to safety.  With respect to the tragic crash that took place in June of 2009, signs of danger were simply ignored, according to the report. Mr. McCartney comments that "it emerged at Tuesday's hearing that workers were ignoring thousands of alarms a week triggered by the faulty signaling devices, known as track circuit modules. The attitude was: The machines don't work, but there haven't been any crashes, so why worry?"The answer should have been simple:  because people will be seriously injured and killed if the problem is not fixed.

"Metro's deep cultural problems suggest that the next general manager needs to be a powerful change agent," says Mr. McCartney.  He's right.

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About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He 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 specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. 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.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions 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, founding partner

                                                                                                                    

The AP (7/27, Manning) reports that Nissan has informed NHTSA that it is recalling over 51,000 Cube models in North America "because of possible problems with fuel spilling during rear end collisions," noting that "tests conducted by NHTSA safety regulators found more fuel spilled than federal standards allow. The spillage occurred during rear end crash tests at 50 miles per hour where the vehicle also spun onto its side."

The spillage of fuel can lead to fires, which can be deadly.  If you own a Cube, I encourage you to immediately contact Nissan and stop driving the vehicle.  Your life is too precious.

 

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He 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 specializes in personal injury matters, including premises liability, product liability, medical malpractice, and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

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According to the Federal Highway Administration (FHWA), 720 motorists and workers were killed in highway work zones in 2008, the most recent year for which data is available. Perhaps surprisingly, roughly 85% of the victims were drivers and their passengers, not workers, who might at first appear to be more exposed to danger. This summer, as road construction crews are out in force during the warmer months, all drivers need to remain vigilant while in construction work zones.

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A recent posting on the Greater Greater Washington blog about the new bike lanes on Pennsylvania Avenue reminded us that the beginning of summer is a great time to take a moment to think about bike safety. As Salvatore Zambri, a founding partner of Regan Zambri & Long, posted earlier for the DC Metro Area Personal Injury Law Blog, 600,000 people are treated annually in U.S. emergency rooms for bicycle-related injuries (data from the CPSC). It is predicted that an additional nearly 1,000,000 people are treated by physicians for less serious injuries also stemming from biking mishaps.

At least three (somewhat interrelated) theories exist as to how best to manage the often tense relationship between cyclists and drivers on the road.

1. The most common school of thought says that bikers should adhere to bike-specific traffic rules. The Metropolitan Washington Council of Governments does an excellent job of presenting this position, complete with state-by-state guidelines for the DC Metro area.
2. A related position proposes that the safest approach to biking in traffic is to essentially act just like all of the motorists on the road. In other words, pretend your bike is a car, and ride as you would drive.
3. At BicycleSafe.com, they take parts of both of those above, but place a much greater emphasis on active strategies to make yourself most visible to motorists, thereby decreasing your chance of being hit by a car.

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Posted by: Salvatore J. Zambri, founding partner

Since 1993, when the first  "Click It or Ticket" campaign began in North Carolina, seat belt enforcement campaigns have become standard nationwide in an effort to to reduce highway fatalities.

According to the annual "Click It or Ticket"  press release from the Department of Transportation's National Highway Traffic and Safety Administration (NHTSA), 45 million Americans continue to ignore warnings and encouragements to use seat-belts while riding in motor vehicles.  Included among the statistics from NHTSA: "...in 2008 alone, nearly 14,000 unbuckled passenger vehicle occupants lost their lives on U.S. roadways. Nearly half of them could have been saved if they had been belted." The following shocking statistics from 2008 show the results of not wearing seat belts:

• 70% of teens killed in traffic accidents were not wearing seat belts;
• 65% of those between ages 21 to 34 involved in fatal crashes were not wearing seat belts between 2004-2008;
• 65% of male passenger fatalities were not buckled up; 45% of females were not;
• 68% of fatalities among pickup drivers and passengers didn't wear seat belts;
• 62% of SUV occupants killed were not wearing seat belts; and
• Nearly two-thirds (64%) of nighttime drivers and passengers who died were not wearing seat belts compared to less than half (45%) of those killed during the daytime.

The "Click It or Ticket" campaign for 2010 runs from May 24 to June 6.  During this period, more than 10,000 police agencies are involved in promoting and enforcing seat belt usage.

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Posted by: Salvatore J. Zambri, founding partner

The Los Angeles Times reports that House Energy and Commerce Chairman Henry Waxman, speaking at his committee's hearing into the cause of Toyota's sudden acceleration crisis, said that the automaker "still had not done the testing required to determine the cause...and had been more concerned about its image than addressing the issue."  This remark was in response to Toyota's statement that it was confident electronics were not causing sudden acceleration.  Waxman, however, "said that his panel's investigation had raised serious questions about the scope of Toyota's efforts" to root out an electronic fault.

According to the report, Waxman stated, "Toyota has repeatedly told the public that it has conducted extensive testing of its vehicles for electronic defects. We can find no basis for these assertions." The Washington Post notes that Toyota has "assured worried customers and Congress that it was conducting an independent investigation," but yesterday, "congressional investigators said the company that Toyota has hired to do the review, Exponent, had offered no written plan for the project or any written specifications for the experiments it intends to run." The Post reports that Waxman called the investigation "deeply troubling," and rejected Exponent's explanation of a lack of a written plan "preposterous."

I hope Toyota and its agents are genuinely interested in determining all potential defects.  If their principal focus is avoid accountability, then consumers will be endangered more.  I'll keep a close eye on the hearings as they continue.

 

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Posted by: Salvatore J. Zambri, founding partner

According to a Washington Post article, a report by the Texas Transportation Institute, which used federal traffic fatality data from 1999 to 2008, has found that  "[d]riving after dark is the single most-dangerous risk a teenage driver can take and is more likely to result in death than drinking, speeding or disregarding a seat belt."  The the study was released Thursday.

"Everything points in the same direction for this age group, and that is to the use of cellphones behind the wheel," said Bernie Fette, one of the study's authors. "Whenever you combine the nighttime danger and the cellphone danger with inexperience, you have created a perfect storm . . . Because teenagers have grown up with these devices in their hands, they feel a comfort level and a very false sense of security. They will tell you, 'I can text with my phone still in my pocket, so I certainly can text while I'm driving.' "

As you know if you have been following my blogging, I give volunteer presentations to students at local middle and high schools, education teens about the devastating consequences of distracted driving.  If you have a teen, they should see my presentations.  Just let me know if you are interested, and I'd be happy to present it.

Please travel smartly and safely.

 

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Posted by Salvatore J. Zambri, founding partner

As I have frequently blogged before, the dangers of distracted driving cannot be under-estimated, especially for teen drivers.  In her new book "Spoken from the Heart," former First lady Laura Bush describes her deadly teen auto accident in which a high school friend was killed.  According to Mrs. Bush, she and her friend were chatting when she ran a stop sign that caused the crash. She suffered years of guilt as a result of the accident.  Mrs. Bush brings one more celebrity voice to the devastating life-long effects that a deadly accident can have on young drivers.

Distracted driving, whether caused by other passengers in the vehicle, eating while driving, playing with the radio, talking on the cell phone, texting, or any number of other reasons for not paying 100% attention to driving, is a serious and very real danger for all drivers, as I have emphasized repeatedly in my talks with high school groups. As posted in a previous entry on this blog, Motor Vehicle Accidents Continue to Be the Leading Death Cause for Teen Drivers.  Please be careful on the road and don’t hesitate to contact me if you would like to learn more about my presentations concerning distracted driving. You can call me at (202) 822-1899 or email me at szambri@reganfirm.com.

About the author:

Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.

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

To read an article published by one of Mr. Zambri's clients, who was injured in a tragic automobile collision, please click here.

Many Americans are killed or critically 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, founding partner

For those of you who have been following my posts, you know that I often blog about the catastrophic consequences of distracted driving.  I am also a frequent lecturer to students about the ills of distracted driving.  Oprah Winfrey recognizes the dangers of distracted driving too.  In fact, she has publicly spoken out against driving while using a  cell phone or texting.  Click here to read an article she recently published in the New York Times.

We should all be grateful to public figures who use their recognition for positive change.  Brava, Oprah!  Keep up the good work.

 

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Posted by: Salvatore J. Zambri, founding partner                                                                   

                                                                                                                                        

Bloomberg News reports that according to "company timelines" submitted to the National Highway Traffic Safety Administration (NHTSA), Toyota "knew about flaws that could cause unintended acceleration more than 3 1/2 years before it recalled cars and trucks to fix the defects."  The report points out that the auto manufacturer learned that "floor mats could entrap accelerator pedals as early as Feb. 7, 2006, and that pedals could stick five months later" in July 2006.  The timelines confirm an alarmingly slow response to the problems that ultimately led to the recall of more than 8 million vehicles worldwide.

This development is very concerning, as it suggests that Toyota put profits over safety.   Based upon some recent advertisements and public statements, Toyota seems to what to convince us that it is a caring company that produces safe products.  How they move foreard as a company will determine their sincerity.

Drive safely.

contact me with questions/thoughts

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Posted by: Salvatore J. Zambri, founding partner 

                                 CONTACT US                                                                                                           
The Washington Post reports that the Department of Transportation (DOT) has designated nine NASA experts to help solve the "scientific mystery" surrounding unintended acceleration in Toyotas. Moreover, "a separate panel from the National Academy of Sciences" will investigate unintended acceleration and on-board electronics "across the industry." The Post notes the lack of consensus among automotive experts over whether there could be an electronic fault causing unintended acceleration in Toyotas.

"The increasing complexity of engines, which run on multiple microprocessors and lots of software, has complicated the discussion." The Post adds that DOT is expected to announce today that its Inspector General "has been asked to review whether federal safety regulators at the National Highway Traffic Safety Administration have the personnel to adequately handle the complex engineering questions that arise in such investigations."

The Los Angeles Times also covers this story, noting that the "two investigations follow pressure from Congress on federal safety regulators to address persistent questions about the causes of unintended acceleration, and whether the problems stem from faulty computer-controlled electronic throttle systems."

These developments make clear how extensive and complex the problems are, and further cast doubt on the ability of federal agencies to handle investigations on their own.  This is yet more evidence as to why it is important to have access to civil courts, so that full investigations can be conducted, the truth can be revealed, and safety measures can be put in place to protect consumers from further injuries.

CONTACT ME

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Posted by: Salvatore J. Zambri, founding partner 

                                 CONTACT US                                                                                                           

USA Today   reports that the NHTSA may require "Black boxes" in all US automobiles.  The story notes how black boxes in cars help experts reconstruct accidents to determine the causes of the causes of crashes.   This development was, according to the report, "[p]rompted by Toyota's recalls and questions about whether they fully remedy possible runaways." 

I am a big fan of this kind of positive change.  Why not have black boxes in cars.  Anything that fosters safety while diagnosing defects and recklessness is a good thing. Let's hope the NHTSA follows through on this initiative.

I'll keep you posted.  In the meantime, drive safely.

CONTACT ME

 

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Posted by: Salvatore J. Zambri, founding partner 

                                 CONTACT US                                                                                                           

I mentioned recently that I present volunteer seminars at Metro area schools on the issue of distracted driving.  I gave another seminar recently on March 10, which was attended not only by high school students, but faculty as well.  I have been asked to return to the school to give another seminar soon, which I am looking forward to doing.

There are all kinds of distracted driving, including eating, putting on makeup, playing music too loudly, texting, cell phone use, map-reading, and drinking while driving.  Any kind of distracted driving is lethal.  As part of my presentation, I speak to my audience about body mechanics and how much time it takes to react to emergency situations.  Those in attendance are often amazed to hear how long it takes to stop a car, even on dry pavement, at 55 mph.  In most circumstances, believe it or not, it takes nearly a football field (or 100 yards) to perceive an emergency in front of you, determine how to respond to it, move your body as necessary to change the course of your vehicle, and then allow time for the vehicle to come to a complete stop.  The science is not debatable.  Therefore, the notion that someone can drive safely while being distracted is simply nonsense.

My presentation also includes actual videos of cars striking pedestrians and other vehicles. The videos are extremely powerful.  I show them to impress upon the students and others in attendance how real lives are devastated by distracted driving.  The ripple effect of causing an accident due to carelessness is far-reaching.

The message to the students is simple:  you owe an obligation to yourself, your passengers, others on the road, as well as to your families and friends who would be devastated as a result of any injury you caused, to drive safely.  Cars are lethal weapons.  Drive to stay alive.

Please be careful on the road and don’t hesitate to contact me if you would like to learn more about my presentations concerning distracted driving.  You can call me at (202) 822-1899 or email me at szambri@reganfirm.com.

CONTACT ME

 

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The New York Times reports that Toyota has announced that its dealerships will "provide replacement accelerator pedals to owners unhappy with repairs" after a series of cases of unintended acceleration in cars that have already been through the recall process. According to the report, "'Accelerator pedal replacement is based on specific customer request only,' said the memo, which was addressed to dealers, service managers and parts managers. 'Dealers are not to solicit pedal replacement.'"

If you have had your vehicle "repaired" following the recall, but still experience problems with your automobile, please return it to the dealer immediately.  If you are not getting a prompt response from your local dealer, you are encouraged to contact Toyota's national customer service center at 1-800-331-4331.

Drive safely.

CONTACT ME

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CONTACT ME      

                                                                                                        

Approximately 5.7 million car crashes take place in America every year.  Approximately 28% of those crashes (about 1.6 million accidents) are caused by distracted driving. 1.4 million are attributed to cell phone use.  The remaining 200,000 collisions are attributed to texting.
Of course, these numbers are deflated.  Texting and cell phone use on the road is on the rise and has reached crisis levels.  Drivers need to be more responsible; otherwise, they place themselves, their passengers, and others on the roadway in great peril.

Throughout each year I volunteer at local schools to speak to students about the drastic consequences of distracted driving.  Most recently, on March 9, 2010, I spoke to high school students in Prince George’s County, Maryland.  The students were extremely attentive and amazed by the statistics, as well as the video presentation of actual incidents caused by distracted driving that I included in the presentation.  They all learned from the presentation and take seriously this issue of distracted driving.  If even one person’s life is saved, the presentation was worth it.
I will be giving several more presentations throughout the year. 

If you are interested in learning about these free seminars, please call me at (202) 822-1899 or email me at szambri@reganfirm.com.

Please don’t drive while distracted.

CONTACT ME

 

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Toyota said on Monday that the sudden-acceleration claim given by a San Diego man, who stated that his Prius hybrid car accelerated out of his control for 30 miles, was “inconsistent” with the findings of its initial examination of the car, according to the Associated Press.

The New York Times reports, "The company statement followed a similar one from the National Highway Traffic Safety Administration, which said its investigators could not find evidence explaining the incident and that they might never know what happened."

It should be noted that the Toyota executives have not accused the man, James Sikes, "of lying or staging the incident, they did say that their examination showed that the car would have stopped when the driver firmly applied the brakes. Engineers found no evidence of friction in the accelerator pedal or that the pedal could have been pinned down by the floor mat."

The incident allegedly endured by Mr. Sikes occurred on March 8.  The following day, according to the Times report, "a woman in Harrison, N.Y., said the Prius that she was driving accelerated suddenly before it crashed into a rock wall. That driver, who was not seriously injured, was on the way to a Toyota dealership to have the vehicle inspected.

Experts have testified that it is very possible that the brake system can work normally most of the time, but falter intermittently.  Consequently, consumers and investigators are still very concerned about the Toyota vehicles.

If you have any concerns about your vehicle, please do not drive it.  Have it inspected immediately.  It could be a matter of life and death.

Drive safely.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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

                                                                                                                    

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 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

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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"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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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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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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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 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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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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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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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

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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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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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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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: 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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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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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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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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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."

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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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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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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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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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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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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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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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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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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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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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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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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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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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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Autumn foliage and milder temperatures will inspire many motorcyclists to take to the roads in greater numbers over the coming months.  Understanding and anticipating the behavior of motorcyclists and other drivers can help prevent accidents and fatalities.  The Motorcycle Safety Foundation (MSF) encourages everyone on the road to "S.E.E." their surroundings:

        "S:  Search for factors in the area

          E:  Evaluate the potential risks and options

          E:  Execute with control and precision" Continue Reading...

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More than a quarter million defective Chinese tires are being recalled by New Jersey-based Foreign Tire Sales, because they lack a gum strip -- a band of rubber designed to keep the steel belts from separating.  Belt separation can cause the tires to split apart at high speeds, and the flaw has already resulted in some fatalities.  The tires were sold under the brand names Westlake, Compass and YKS from 2004 to mid-2006, and were marketed for use on SUVs, trucks and vans.  About 1,100 of the tires were sold in Virginia, but none are known to have been sold in Maryland or DC.
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State laws mandating the immediate license suspension of any driver who fails a breathalizer test have a deterrent effect on drunk driving and save approximately 800 lives each year, according to a new study published in the journal Alcoholism:  Clinical and Experimental Research.  The study also found that license suspensions which occur after conviction of the offense have relatively little deterrent effect.  The study, funded by the Robert Wood Johnson Foundation's Substance Abuse Policy Research Program (SAPRP), is one of the most comprehensive examinations of the efficacy of drunk driving laws ever conducted.  Continue Reading...

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Physician-based counseling of patients regarding the proper use of seat belts and admonitions for driving while intoxicated do not lead to demonstrated improvements in behavior or public health, according to a new study published in the Annals of Internal Medicine.  Research conducted by the U.S. Preventive Services Task Force has found that while physician counseling causes no apparent harm, the benefits attributable to it are generally negligible. The group recommends that physicians and their patients may be better served by using office visit time to focus on other preventive care issues. 

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Drunk driving contributed to a graduation day auto accident that killed four local teenagers on June 14th, according to a new Washington Post report.  A half-empty gallon of vodka, a six-pack of beer and a small amount of marijuana had previously been recovered from the Interstate 395 accident scene by police.  Recently released toxicology results confirm that the driver was legally drunk and under the influence of marijuana at the time of the accident, when she apparently steered her Volkswagen and four passengers into the path of a tractor trailer on a highway ramp, killing all but one.  Police are trying to determine how the minors obtained their alcohol.  Continue Reading...

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Bicycling is a healthy, environmentally-friendly, low-cost way to commute and it can be enjoyable recreation, as well.  While safety equipment such as helmets and reflective clothing can help you avoid crashes and injuries, knowing the traffic rules for cyclists in your jurisdiction and developing your cycling skills can also contribute to your safety.  Maryland, Virginia and D.C. laws all require bicyclists to be familiar with street signs and markings, and to follow the rules of the road -- as well as other rules that apply in off-road situations.  The Washington Area Bicyclist Association, in conjunction with the D.C. Department of Transportation and Arlington County, Virginia, publishes a booklet entitled "Safe Bicycling in the Washington Area," which lists relevant bicycling laws and travel tips by jurisdiction. Continue Reading...

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As the new academic year begins, many metro area kids will resume walking to school each day.  While walking is great exercise, it also puts people at risk for pedestrian injuries.  The National Highway Transportation Safety Administration (NHTSA) warns that young children face a particular risk, because they move quickly and are unaware of many dangers.  The agency offers the following facts regarding injuries to preschoolers:

• "Most preschoolers are injured near their home or on their own street.

• Most crashes involving preschool children happen between 3 p.m. and 6 p.m.

• Most crashes involving preschoolers occur in fair and warm weather.

• Twice as many preschool boys are injured than preschool girls."

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The first legal challenge of Virginia's Civil Remedial Fees (Abusive Driver Fees) in Northern Virginia has been filed on behalf of Charles Mason, a U.S. Navy Veteran who was recently ticketed en route to his Navy Reserve drill duty.  According to a Washington Post report, Mason, who has an excellent driving record, was in uniform when he was ticketed by a Virginia state trooper with no radar gun on Interstate 395 at 7:25 am.  Mason maintains that he was not speeding, and that in fact, other cars were passing him.  He was cited for driving 75 mph in a 55 mph zone, an offense that could cost him $1,050.  Judges in Richmond and Henrico County have already declared the fees unconstitutional, because they apply only to Virginia residents.  Those rulings apply only to their respective jurisdictions, however.  Mason's attorney is also arguing that the fees are unconstitutional. His case is scheduled to be heard in Arlington General District Court on Monday, August 13th, 2007. 
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A Federal Appeals Court has struck down a Bush administration regulation allowing truck drivers to spend more hours on the road per day and week, and to spend less time resting before the official "re-start" of their work week.  According to Public Citizen, the non-profit public interest group, this is the second time the proposed rule has been struck down by a unanimous 3-judge panel (for a total of six different judges), and for the same reasons -- because it fails to account for the added fatigue drivers would face under the expanded limits, and because the Federal Motor Carrier Safety Administration (FMCSA) gave no opportunity for notice or comment on the new rule, and inadequately explained the methodology of the research that was purported to justify a change in the previous standard.
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Ford Motor Company has announced a voluntary expanded recall of 3.6 million vehicles due to fire safety concerns stemming from faulty cruise control switches.  The recall now includes more than a dozen models of vehicle built between 1992 and 2007. 

In January 2005, the company had recalled approximately 6 million vehicles with similar cruise control switch problems.  According to Ford, newly-affected owners will begin receiving notices of the expanded recall on August 15, 2007. 

Owners with immediate questions regarding the recall are instructed to call (888) 222-2751. 

Ford's latest recall involves the following vehicles: Continue Reading...

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Wherever the open road may lead you on vacation this summer, you'll get there safer and less stressed if you take time to prepare before pulling onto the highway.  Edmunds.com offers the following ten Summer Travel Tips to keep in mind prior to traveling: Continue Reading...

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The increased presence of camping, boat and motorcycle trailers on the nation's highways throughout the summer creates unique driving hazards for motorists. 

Interstate 95 was recently the scene of a truck accident that claimed the life of a 14-year-old North Carolina boy, whose family was towing a camping trailer behind their Ford pickup.  A wind disturbance from a passing tractor-trailer caused the camper-trailer to fish tail and the pickup driver to lose control.  The incident has been covered widely by local media outlets.  Continue Reading...

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Plans to allow Mexican truck traffic on U.S. roads earned the U.S. Department of Transportation (DOT) a failing report card from safety groups this week.  Public Citizen has reported that members of Congress, the International Brotherhood of Teamsters, a trucking trade association and many other organizations presented some unfavorable opinion poll results to the agency in a recent press conference.

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Local News4 has reported that four teenage girls were killed in a Beltway crash Thursday night, just hours after two of them had graduated from West Potomac High School.  A fifth girl was hospitalized.  Reports indicate that their 2002 Volkswagen convertible was traveling in a restricted zone on an Interstate 95 ramp when it was struck by a tractor-trailer.  Though alcohol is not yet known to have played a role in the accident, alcohol was discovered in the Volkswagen.  Police say the truck driver is unlikely to be charged.
 
The presence of young drivers on the roadways increases during summer months, and parents play an important role in ensuring their safety and reducing motor vehicle fatalities.  In light of this, the National Safety Council (NSC) recommends that parents educate themselves about the risks that inexperienced, young drivers face and keep the following statistics in mind:

• "Traffic crashes are the number one cause of death among children and young adults.
• More than 3,800 young drivers age 15-20 are killed every year in traffic crashes. More than 326,000 young drivers are injured.
• Young drivers are involved in fatal traffic crashes at over twice the rate as the rest of the population.
• Exceding the posted speed limit or driving at an unsafe speed is the most common error in fatal accidents.
• About 30% of crashes killing young drivers involve alcohol.
• More than 1,000 young drivers lose their lives every year in crashes because of an impaired driver... be it themselves, or someone else.
• It is illegal in every state for a person under 21 to buy and/or publicly possess alcoholic beverages.
• All states and Washington, D.C. have zero tolerance laws. It is illegal for a minor (under 21) to purchase alcohol, so no amount of alcohol should be allowed in an underage driver.
• Zero tolerance laws are typically set between .00 and .02 per se as opposed to .08 or .10 for drivers 21 and older. Per se means that regardless of outward signs of intoxication, the amount of alcohol detected in the driver determines legal intoxication."

 Additionally, the NSC has prepared a new defensive driving course for drivers, ages 16-24, called "Alive at 25," which complements standard drivers' education courses, and can be used as a "refresher" course for young drivers who have incurred traffic violations.   To learn more about the course, or to find an instructional site near you, visit the Alive at 25 webpage.


To become certified to teach the new driving course, visit the NSC website.

If you or a family member has been involved in an automobile accident, please contact us on-line at Regan Zambri & Long or call us at 202-463-3030 for a free consultation.  If you would like to receive our complimentary electronic newsletter, please click here.

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DC, Maryland, and Virginia authorities will focus more intently on aggressive driving infractions in the metro area as part of the Smooth Operator program – an initiative to curb unsafe driving.

 For the purposes of this campaign, aggressive driving is defined as, “…a combination of unsafe and unlawful driving actions, which demonstrate a conscious and willful disregard for safety.  Aggressive driving includes such offenses as tailgating, unsafe lane changes, speeding, running red lights and stop signs, following too closely, improper passing and failing to yield the right of way.”

According to promotional literature for the Smooth Operator program, aggressive driving has become a problem in the metro area, in part, because:

• “The Washington region has the third-worst traffic congestion in the country.
• Drivers in the Washington area lose more hours to traffic delays than anywhere else in the country.
• Over the past 20 years, traffic on area roads has nearly doubled.”

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Do you recognize this image?  It's the new logo for the most successful seat belt enforcement campaign ever. The Click It or Ticket campaign has helped create the highest national seat belt usage rate of almost 82 percent.  As indicated by the National Highway Traffic and Safety Administration (NHTSA) seatbelt charts for 2006, jurisdictions with stronger belt enforcement laws continue to have higher rates than those with weaker laws.

According to the NHTSA, the current promotion is aimed at raising awareness of the extra dangers of nighttime driving.   Seat belt usage declines substantially at night, increasing the risk of being killed in a crash by three times the daytime rate. 

“It’s alarming that fewer people are buckling up at night, a time when the odds of being killed in a motor vehicle crash triple. This year, law enforcement officials will be ticketing violators who are not wearing their seat belts, especially during the evening hours,” Administrator Nason said.

The NHTSA study found that in 2005, more than 15,000 passenger vehicle occupants died in traffic crashes between the nighttime hours of 6:00 p.m. and 6:00 a.m., and nearly two-thirds of those killed were not wearing their seat belts at the time of the crash. Additional NHTSA survey data indicate that nighttime seat belt use is often 10 percent lower than the nation-wide average 82 percent daytime belt use.

“The annual Click It or Ticket campaign has helped increase seat belt use for over a decade, but despite these gains, too many of our family and friends continue to die on our roadways,” said Nason. “Not wearing your seat belt, day or night, is a huge and unnecessary gamble.”

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As recently reported by the International Brotherhood of Teamsters, attorneys representing several safety advocate groups challenged proposed regulations that apply to the number of hours truck drivers may operate their vehicles.  The safety advocates, which include Public Citizen, urged a Court of Appeals to overturn a rule issued in August 2005 by the Federal Motor Carrier Safety Administration (MCSA). 

The proposed rule dramatically increases the number of hours that truckers may drive without a break and the number of hours truckers may drive per week.  According to Teamsters General President, Jim Hoffa,  " There is no excuse for such blatant disregard for the health and safety of the highly trained men and women who are responsible for negotiating big rigs throughout our country."

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Traffic deaths have increased to the highest level since 1990. According to the National Highway Traffic Safety Administration, the increase was due to more motorcycle and pedestrian deaths.

 

43,443 people were killed on the highways last year, up 1.4 percent from 42,836 in 2004, as reported by the National Highway Traffic Safety Administration. It was the highest number in a single year since 1990, when 44,599 people were killed.

 

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MedPage Today, a daily medical news service for physicians, reports that a new study in the American Journal of Respiratory and Critical Care Medicine found patterns of sleep apnea in truck drivers. People who suffer from sleep apnea get lower quality sleep because they are awakened several times during the night. This means that while the afflicted person may be in bed for eight hours, he or she may only be getting five hours of real sleep.

In the study, more than 28% of commercial truck drivers suffered from some degree of sleep apnea and 5% of drivers suffered from severe sleep apnea. The study showed that those who had sleep apnea were significantly more sleepy during the day and made more driving errors than those who are not afflicted. 

When the participants took driving tests, those who suffered from sleep apnea had motor skills impairments consistent with drunk driving. Of the truckers with sleep apnea, one-third of them also experienced attention lapses comparable to intoxication.

While investigators caution readers not to jump to conclusions because of the small sample size and the self-selecting nature of the study (meaning that those who experienced sleep problems would be more likely to sign up), it deserves more investigation.

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State and Federal Regulations require that truck drivers carrying more than 26,000 pounds or hazardous materials must first obtain a commercial driver’s license (CDL) from the State in which they live. However, in many states, those driving “light” trucks and vans are only required to obtain a regular driver's license.

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Have you ever wondered how long the truck driver speeding up behind you at 75 m.p.h. has been on the road? Most trucking companies pay by the mile, so the driver will make more money if he drives further and faster. However, relatively recent federal regulations have been put in place to make the roads safer for everyone by limiting the number of consecutive hours a truck driver can be on the road.

The U.S. Department of Transportation, which regulates truck drivers, mandates that a driver can drive straight for 11 hours or work up to a 14 hour shift (which includes rest stops and breaks for food). Additionally, no driver may work more than 60 hours in a 7 day period or 70 hours in an 8 day period, unless they have had 34 straight hours off in that time.

Here are a few tips to help keep you safe around 18-wheelers:

• Don’t ride in the trucker’s blind spot! If you spend a long time in the right or rear blind spot, a trucker might forget where you are and start to merge into you. When behind a trucker, remember that if you can’t see his mirrors, he probably can’t see you.
• Don’t cut truckers off either. Those heavy trucks take much longer to slow to a stop than your car does, so if you don’t allow the driver enough space he may end up rear-ending you.
• Don’t pass a truck on the right when he might be turning. Believe it or not, this maneuver, sometimes a called a “right turn squeeze,” is the second leading cause of truck accidents, according to John Deere Transportation Insurance.

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