Toyota Recall Explained

2009 November 25
by Justin Hill

Toyota Recall Explained By San Antonio and Austin Sudden Acceleration Attorney Justin A. Hill

After many reported sudden accelerations related to Toyota and Lexus vehicles, months of speculation regarding the cause of the sudden accelerations, and NHTSA getting involved, Toyota now plans to fix the gas pedals in affected vehicles. According to the Wall Street Journal:

Toyota Motor Corp. said Wednesday it would fix the gas pedal on four million vehicles the Japanese auto maker recalled in September over sudden acceleration issues related to floor mats causing the pedal to get stuck. The remedy, which covers eight models of Toyota and Lexus vehicles, is expected to get under way in early 2010, the National Highway Transportation and Safety Department said. The auto maker plans to change the shape of the gas pedal, alter the floor pan under the pedal in some cases, and install a brake override system in the affected Toyota Camry and Avalon models and the Lexus ES 350, IS 350 and IS 250 models as an “extra measure of confidence.” On Tuesday, Toyota already announced a recall of 110,000 Tundra pickups over a corrosion issue. The recalls dent Toyota’s reputation of leading in safety and come as the company is in the midst of turnaround efforts after posting its first annual net loss in 59 years in the previous fiscal year. Toyota President Akio Toyoda in October apologized to the owners of the eight Toyota and Lexus models affected by the floor-mat recall. At that time, Mr. Toyoda said the auto maker was working on identifying the cause of the problem. “The safety of our owners and the public is our utmost concern,” Mr. Toyota said in a statement. “Toyota has and will continue to thoroughly investigate and take appropriate measures to address any defect trends that are identified.” Toyota declined to provide an estimate of the recall’s cost. “We have not put a pencil to it,” Toyota spokesman Irv Miller said on a conference call. “We really don’t know what the costs are at this moment.” Mr. Miller added that the auto maker is confident that these measures have addressed the issue. “We believe that pedal entrapment is the major issue,” Mr. Miller said referring to questions about the vehicles’ electronic control systems as playing a role in the accidents.

A class action was recently filed relating to the problem of sudden acceleration in Toyotas. Our firm is currently investigating Toyota sudden acceleration cases. Sudden acceleration is a dangerous and potentially fatal defect. If someone you know was injured or killed as the result of a sudden acceleration defect, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all are protected.

Tractor-Trailer Hydroplanes Killing Another

2009 November 22
by Justin Hill

Hydroplaning Tractor Trailer Hydroplanes Killing Another

Driving in wet or rainy conditions poses a unique set of considerations. One of the hazards of driving in rainy or wet conditions is the risk of hydroplaning. Hydroplaning is:

[W]hat happens when the tread on your tires cannot channel all the rain-water out from under your tires – or, from under each patch of tire that is supposed to be resting on the road and providing you with traction. When hydroplaning, those tire patches are riding on a layer of water instead of pavement. Many different factors can affect the speed at which a tire will hydroplane, such as water depth, speed, weight of the vehicle, width of the tire, depth of tread, and tread pattern, but all tires will hydroplane with the right combination of speed and water depth. Most often, you hydroplane when your fast moving vehicle hits a deep puddle. The steering wheel jerks suddenly and the vehicle veers toward the puddle. It’s a good idea to slow down before hitting a puddle. Other times, when rain is pouring down in sheets, there can be enough water on the roadway to cause a vehicle to hydroplane (without apparent puddles).

An accident in the Seguin, Texas area is being blamed on an 18-wheeler hydroplaning, crossing into oncoming traffic, and killing another driver. According to the Seguin Gazette-Enterprise:

A semi hydroplaned and smashed into another vehicle Friday afternoon claiming the life of a Canyon Lake man. The accident shut down both westbound lanes of Interstate 10 at Schwab Road west of Seguin while crews cleaned up fuel and oil on the roadway. Texas Department of Public Safety Trooper Lino Casas said the driver of the tractor trailer, Avan Garza of San Antonio, was headed east on the highway when he lost control of his rig, causing him to cross into oncoming traffic and strike another vehicle traveling west. “The 18-wheeler hydroplaned and collided with a Ford F550, killing the driver of the Ford,” he said. The impact of the collision separated the cab from the semi, sending Garza to San Antonio’s Brooke Army Medical Center by ambulance with undisclosed injuries, and killing Jason Scott Kline, 38, of Canyon Lake, Casas said. While there were no hazardous materials involved in the accident, crews were dispatched to clean up the fuel and oil spilled causing westbound traffic to be diverted for several hours after the 12:15 p.m. wreck.

If someone you know was injured or killed as the result of an 18-wheeler accident, hydroplaning vehicle or tractor-trailer accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

4,229 18-Wheeler Deaths in 2008

2009 November 20
by Justin Hill

18 Wheeler Dangers

The Federal Motor Carrier Safety Administration published a preliminary release of data regarding 18-wheeler/tractor-trailer accidents and information for 2008.  FMCSA explains on their website:

For the 2008 report, the Federal Motor Carrier Safety Administration FMCSA) is publishing this online Early Release of the annual report, based solely on crash data from the National Highway Traffic Safety Administration and FMCSA. These data are enough to complete most of the tables in the published annual report; however, any tables that depend on VMT and vehicle registration data for the calculation of crash rates will be missing 2008 data for some of the rows and columns. In these early release tables, missing data are indicated by dashes.

This information is shocking.  The early report emphasizes the dangers of these vehicles and how 2008 was no different in terms of their impact on the roadways.  Some of the more important points are below:

  • 4,229 Fatality Accidents Involving 18-Wheelers;
  • 90,000 Injury Accidents Involving 18-Wheelers;
  • 318 Pedestrian Fatality Accidents Involving 18-Wheelers; and
  • 69 Bicyclist Fatality Accidents Involving 18-Wheelers

The reasons that combination vehicles continue to be such a danger are many.  From long hours and fatigued drivers to bad training and poorly maintained vehicles, tractor trailers continue to be a serious danger to all drivers.  If someone you know was injured or killed as the result of an 18-wheeler accident, big rig accident or tractor-trailer accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Dump Truck Accident in San Antonio

2009 November 19
by Justin Hill

Dump Truck Accident

Dump trucks, garbage trucks, cement trucks, box trucks and other large commercial vehicles are sometimes forgotten dangers.  Like 18-wheelers, these large vehicles pose a unique risk to drivers on the roadways due to their size, weight, visibility and a variety of other factors.  Recently, in San Antonio, a dump truck struck and killed a pedestrian crossing the roadway.  According to MySA.com:

A woman was killed Wednesday when a dump truck hit her as she walked across a railroad crossing on the North Side, officials said.  Lydia Neal was killed after she walked in front of the dump truck as she crossed at a railroad crossing in the 1200 block of Fresno Drive near Interstate 10, police said. The 48-year-old victim suffered severe head trauma and was pronounced dead at the scene, officers said.  The man driving the dump truck said he did not see the victim. The driver does not face any charges, police said.

If someone you know was injured or killed as the result of a dump truck, garbage truck, cement truck or other large commercial vehicle, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved.

RV/Motorcoach/Bus Safety Changes

2009 November 17
by Justin Hill

Motorcoach

NHTSA “released its Motorcoach Safety Action Plan which lays out concrete steps for improving motorcoach safety across the board. The action plan addresses major safety issues such as driver fatigue and inattention, vehicle rollover, occupant ejections and oversight of unsafe carriers.”

Motorcoach accidents have been widely publicized in recent years.  According to the Dallas Morning News, “In 2007, a bus carrying an Ohio college baseball team crashed in Atlanta and killed seven people. Last year, a crash near Sherman, Texas that killed 17 people and injured 40, galvanized the Texas congressional support for bus safety legislation.”

At least in part due to the recent accidents, NHTSA is finally taking serious action.  NHTSA’s press release reads:

While motorcoach travel is a very safe mode of highway transportation in the United States, carrying 750 million passengers annually, an average of 19 motorcoach occupants are killed in crashes each year according to data collected by DOT’s National Highway Traffic Safety Administration. Additional fatalities result among pedestrians, and occupants of other vehicles involved in these crashes.

To address this issue, Secretary LaHood directed DOT’s agencies to take a fresh look at motorcoach safety issues, identify actions to address outstanding safety problems, and develop an aggressive schedule to implement those actions.

The comprehensive action plan announced today proposes enhanced regulatory oversight of new and high risk motorcoach operators, as well as the increased use of new technologies. To address driver distraction, it proposes to initiate rulemaking to prohibit texting and limit the use of cellular telephones and other devices by motorcoach drivers. It also discusses requiring electronic on-board recording devices on all motorcoaches to better monitor drivers’ duty hours to address fatigue, and enhanced oversight of unsafe carriers.

The action plan can be found at this link.  If someone you know was injured or killed as the result of a motor coach, RV, or bus accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.

Drunk Driving Accidents Continue

2009 November 16
by Justin Hill

SaferAutomobiles is dedicated to providing up to date information regarding automobile safety.  Vehicles should be designed and manufactured in a way to protect occupants against foreseeable accidents. Real accidents are discussed on this site as a way to illustrate what accidents are regularly happening on the roadways.  Drunk driving accidents are one of the dangers on the roadways today.  According to MADD, on average, someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes—a decline of 9.8 percent from the 13,041 drunk driving related fatalities of 2007. Below are some recent reportings of serious drunk driving accidents.

Austin, Texas Drunk Driving Fatality:

The driver of the vehicle, Jose Guadalupe Olvera-Tovar has been charged with intoxication manslaughter, a second degree felony, according to an arrest affidavit. A man was killed and two others were injured in a wreck late Saturday that occurred on General Williams Drive in Northwest Travis County, according to the sheriff’s office. Jose Raul Guillen-Ortiz, a 29-year-old passenger in the vehicle, was not wearing a seat belt. He died at the scene. A dispatcher with the Travis County Sheriff’s office said that about 10:57 p.m., a 1998 Ford Explorer was driving on General Williamson Drive near FM 620 and left the roadway for unknown reasons. The vehicle struck several concrete blocks, causing it to go airborne before striking a utility pole, the dispatcher said. The driver and another passenger were taken to University Medical Center Brackenridge with non-life threatening injuries.

San Antonio, Texas Drunk Driving Accident:

A man was charged with intoxication assault after he failed to yield to another vehicle and crashed his van carrying six people, including three children. Eric Carreon, 28, remained jailed Sunday on a combined $50,000 bail for two counts of intoxication assault, according to county records. The crash occurred Thursday when Carreon attempted to make a turn from Southeast Military Drive onto Curtis Street, failing to yield to another vehicle that was westbound, according to reports. The second vehicle hit the van. As emergency crews extracted people from the van, a child’s car seat, a cooler and more than a dozen beer cans were spread across the roadway. The children inside the van and the two occupants inside the second vehicle were taken to hospitals. Their conditions weren’t immediately known, but officers didn’t expect their injuries to be life-threatening.

Sherman, Texas Drunk Driving Fatality
One man is dead and another is facing a charge of intoxication manslaughter after an alcohol-related crash on Texoma Parkway early Friday morning. Sherman Police say two people were inside the vehicle during a one-car accident just after 2 a.m. Friday on South Texoma Parkway under U.S. Highway 75. Passenger David Alba, 45, was pronounced dead at the scene. The driver, 36-year-old Kenneth Borrell, initially fled the scene on foot, but was located at King and Walnut with minor injuries. Borrell was booked into the Grayson County Jail for intoxication manslaughter after being treated at Wilson N. Jones Medical Center. Police say alcohol was a factor in the accident.

A 51-year-old man has been charged with intoxication manslaughter after allegedly hitting and killing a woman with his pickup truck. Port Isabel police arrested Alejandro Bernal Petricioli following a Tuesday night hit-and-run accident. Investigators told Action 4 News that 44-year-old pedestrian Reyna Hernandez Garcia was killed on the 500 block of U.S. Highway 100 around 9 p.m. Tuesday. Witnesses told police that Petricioli was driving a grey Ford 150 truck and fled the scene of the fatal accident. Police located the truck at a Stripes gas station and arrested Petricioli under a felony failure to stop and render aid charge. Cameron County jail records show that those charges were later upgraded to intoxication manslaughter. Investigators told Action 4 News that blood test results are pending but they believe that alcohol played a role in the accident. Public records show that Petricioli had previously served probation in Texas for a 2004 DWI charge. Investigators said Petricioli is from Mexico City but has a Texas driver’s license listing a Port Isabel address.

Killeen, Texas Drunk Driving Fatality:

Killeen Police are investigating a fatal crash that occurred just before 3 a.m. in the 11000 block of South Texas 195 today. Officers responded to a report of a Jeep traveling north in the southbound lane of traffic on 195. As they were enroute, another call was received at approximately 2:54 a.m. advising there had been a crash. The preliminary investigation revealed that a 26-year-old Killeen man was driving a 2003 Jeep Wrangler north in the southbound lane of traffic. The Jeep swerved to miss a vehicle that was traveling south. When the driver swerved to avoid that vehicle, the Jeep spun and struck the front of a 1993 Buick Regal that was behind the other vehicle. The Jeep then rolled and burst into flames. The Buick was occupied by a 38-year-old man from Austin and two women. The man and a 30-year-old woman from Georgetown who was seated in the rear of the Buick were taken to Scott and White Memorial Hospital with non life-threatening injuries. The Buick’s front-seat passenger, 28-year-old Beverly Leeann Baker of Round Rock, was pronounced dead by Justice of the Peace Bill Cooke at 3:30 a.m.

If someone you know was injured or killed as the result of a drunk driving accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.

Toyota Sudden Acceleration Recall, Again

2009 November 16
by Justin Hill

floormatimageFINAL c Toyota Sudden Acceleration Recall, Again

Toyota Sudden Acceleration Recall, Again By San Antonio and Austin Sudden Acceleration Attorney Justin A. Hill

Toyota is apparently planning to recall almost four million (4,000,000) vehicles in an attempt to remedy the problem of sudden accelerations. According to USA Today:

Toyota has set aside more than $5 billion to handle the cost of recalls, and will apparently spend a lot of it fixing accelerator pedals on 3.8 million vehicles to try to put its sliding floor-mat nightmare behind it, says Reuters citing Kyoda News. Kyoda points to unnamed sources as saying the accelerator pedal fix will go forward after negotiations between Toyota and U.S. National Highway Traffic Safety Administration. But Reuters said Toyota spokesman Hideaki Honma denied it… The exact nature of the proposed fix wasn’t disclosed. But the problem involved floor mats that were sliding underneath the accelerator pedals, jamming them wide open and creating runaway cars. Until it comes up with a final solution, Toyota is asking owners to remove the driver’s side floor mats.

Details of the recall are still not clear. According to Toyota.com, the following models are the only vehicles of concern:

  • 2007 – 2010 Camry
  • 2005 – 2010 Avalon
  • 2004 – 2009 Prius
  • 2005 – 2010 Tacoma
  • 2007 – 2010 Tundra
  • 2007 – 2010 ES350
  • 2006 – 2010 IS250 and IS350

A class action was recently filed relating to the problem of sudden acceleration in Toyotas. Our firm is currently investigating Toyota sudden acceleration cases. Sudden acceleration is a dangerous and potentially fatal defect. If someone you know was injured or killed as the result of a sudden acceleration defect, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all are protected.

Ford Seatbelt Airbag

2009 November 6
by Justin Hill

Ford is set to become the first automaker to offer inflatable rear seat belts. “The belts have a cylindrical air bag that stretches from the buckle to the shoulder and fits inside a pocket sewn into the belt. If the air bag is needed, the car sends a signal that releases the bag. It inflates more gently than a front air bag, and with cooler air, so it’s safer for children,” notes a Yahoo Auto article. The Detroit News states, “Ford’s new system incorporates small air bags inside the rear seat belts. These are deployed during a crash, spreading the force of impact over five times more area of the body than conventional seat belts, thereby greatly reducing pressure on the chest and helping to control head and neck motion.”

More information can be found at The Motor Report. If someone you know was injured or killed as the result of a vehicle failing to incorporate important safety technology, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all are protected.

Toyota Sudden Acceleration Saga

2009 November 5
by Justin Hill

ABC’s Nightline recently aired an investigative report regarding the the Toyota sudden acceleration saga. Importantly, the report discusses how the problem no longer seems limited to faulty floormats. According to ABCNews.com:

Calling into question Toyota’s claims that it had solved the problem of its runaway cars, federal safety officials said today that the recall of 3.8 million floor mats ‘is simply an interim measure, not a remedy of the underlying defects in the vehicles.’ ABC News reported Tuesday that some Toyota owners were in rebellion and said the floor mats did not explain what caused their cars to suddenly surge up to 100 miles per hour. In a statement this afternoon, the Department of Transportation and the National Highway Safety Administration said, ‘This matter is not closed until Toyota has effectively addressed the vehicle defect by providing a suitable remedy.’

More information regarding the current status of this defect can be found at the New York Times’s Wheels Blog and the LA Times. Our firm is currently investigating Toyota sudden acceleration cases. Sudden acceleration is a dangerous and potentially fatal defect. If someone you know was injured or killed as the result of a sudden acceleration defect, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all are protected.

Lockhart Students Killed by Tractor Trailer

2009 October 30
by Justin Hill

DSCN0139 Lockhart Students Killed by Tractor Trailer

According to the National Highway Traffic Safety Administration, truck-related highway fatalities totaled 4,229 in 2008. FMCSA reports that in 2008, 14,086 large trucks and 1,314 buses were involved in non-fatal crashes. The dangerousness of these vehicles cannot be overstated. The impact on the families of those injured or killed is far reaching and long lasting. Tragically, in Lockhart, Texas, another terrible accident that will forever change some peoples lives happened when two cousins were killed when they were involved in an accident with a jackknifed 18-wheeler.

According to The Blotter:

A three-vehicle crash on Texas 21 near U.S. 183 on Wednesday night killed two Lockhart High School girls and injured a third, Mustang Ridge police and Department of Public Safety officials said today. Cousins Bernice Castelan, 17, of Lockhart, and Zared Castelan, 16, of Dale, died when an 18-wheeler jackknifed and struck their car and another van about 6:45 p.m., Mustang Ridge Police Sgt. J. Bennett said Friday. Bernice’s sister Deimie Castelan, 17, of Lockhart, remained in critical condition Friday at University Medical Center Brackenridge, Bennett said. The driver of the Volvo tractor trailer, Francisco Ponce, 42 of Laredo, was treated for minor injuries at Brackenridge and released. Patty Patrick, 56, of Cibolo, the driver of the van, was treated for injuries and released, Bennett said. Bennett said wet conditions might have been aided in the crash. No charges have been filed, he said. An accident reconstruction team from the Department of Public Safety is assisting Bennett in the investigation, he said. Counselors were available at the school today for grief counseling, a school official said.

According to the Lockhart Post Register:

Two Lockhart High School students were killed on Wednesday evening and a third was critically injured in a three-vehicle accident in rural Caldwell County. According to information released on Friday by the Mustang Ridge Police Department, Berenice, Zaret and Deimie Castellan, all three students of Lockhart High, were traveling eastbound on Highway 21 near the intersection of FM 1854 when their vehicle, a 2000 Mazda 626 was struck by an oncoming semi truck, which had lost control on the wet road. Two of the girls, Berenice, 17, and Zaret, 15, died at the scene. Deimie was transported to Brackenridge Hospital in critical condition. As of Friday, sources in touch with the Castellan family said Deimie’s condition was thought to be improving. In addition to striking the Castellan vehicle, the truck also struck an eastbound van driven by Patty Patrick, 56, of Cibolo. Patrick was also taken to Brackenridge in fair condition. The driver of the truck, 42-year-old Francisco Ponce, of Laredo, was treated for minor injuries. The Mustang Ridge Police Department reported on Friday morning that the incident is still under investigation by both that agency and the Texas Department of Public Safety. Although charges had not been filed on Friday morning, charges are pending. Services for Berenice and Zaret Castellan, cousins, will be held next week. According to McCurdy Funeral Home, who is handling services for the girls, a visitation with the family will be held on Monday evening, Nov. 2, from 6 – 8 p.m. at the Lockhart High School Gymnasium, with recitation of the Rosary at 7 p.m. Funeral services for the girls will be held on Tuesday, Nov. 3, 2009, at San Francisco Javier Catholic Church, 9110 Highway 183 South, Austin, Texas 78747.

If someone you know was injured or killed as the result of an 18-wheeler accident, big rig accident or tractor-trailer accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Harley-Davidson “Wobble” Defect

2009 October 28
by Justin Hill

Harley picture

Defects in motorcycles are not commonly discussed on this site or in the media. For one reason or another, they do not receive the same coverage as automotive defects. However, there is an increasing amount of information regarding a wobble that occurs in Harley-Davidson motorcycles. Searching the terms “harley” and “wobble” on Google brings up over one million sites. Some of the sites discuss lawsuits regarding this wobble. Some sites are forums for Harley riders talking about the problem. Our law firm is currently investigating multiple accidents involving the Harley wobble. More information about this defect can be found here, here and here.

A current accident in San Antonio is factually similar to wobble cases our firm has investigated. According to MySA.com:

A 26-year-old man was killed Wednesday morning in a motorcycle crash on the far Northwest Side. The man, whose identity has not yet been released, was riding east on Interstate 10 near Fair Oaks Drive around 6:10 a.m. when the crash occurred. Sgt. E.M. Conger with the Bexar County sheriff’s office said the motorcyclist appeared to have been an experienced rider, but he lost control of his Harley-Davidson and drove into the grassy median. He regained control for a short distance, Conger said, then tried to get back on the highway, lost control once more, and slid beneath the protective metal cables in the median. Authorities said he was wearing a helmet. “It appears he did everything right,” Conger said. “He had his head about him and didn’t panic, but for some unknown reason, he lost control.” One motorist witnessed the incident and stopped, Conger said. Deputies don’t suspect drugs or alcohol played a role in the crash.

Without more information, it is impossible to know if the wobble contributed to this accident. Regardless, the Harley wobble is a defect that will probably receive more attention over the coming months and years. If someone you know was injured or killed as the result of a a motorcycle accident or motorcycle defect, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Texting and Driving Bans

2009 October 24
by Justin Hill

textingwhiledriving Texting and Driving Bans

Most likely in reaction to the recently released information regarding the dangers of texting while driving, the Austin City Council passed an ordinance forbidding texting and driving. According to the Austin-American Statesman:

Drivers will still be able to text when their vehicle is stopped. The ordinance will prohibit writing, sending or viewing electronic messages on a cell phone, BlackBerry, iPhone or any wireless communication device while driving. Electronic messages include text messages, e-mails, posts on social media sites such as Twitter and Facebook, and “a command or request to access an Internet site.”

The ordinance exempts placing a phone call, using a navigation system or a wireless device permanently installed in a vehicle and texting in emergency situations. It also exempts public safety personnel who use wireless devices while on duty. Drivers could still use a voice-activated mode on their wireless devices to send messages.

Violations will be Class C misdemeanors, which carry a fine of up to $500 and can be appealed in Municipal Court. The penalty could be increased if a driver is caught engaging in another dangerous driving behavior, such as speeding.

Other similar ordinances are in place across the country and more are under consideration. This month, the Obama Administration banned government workers from texting while driving. The State of Texas recently banned texting and driving while in school zones. Currently, 18 states and the District of Columbia ban text messaging for all drivers.

Considering the alarming statistics associated with the dangers of texting and driving, more bans on texting and driving are likely to be passed. A Virginia Tech Transportation Institute study found that when drivers text, their collision risk is 23 times greater than when not texting. If someone you know was injured or killed as the result of a texting while driving incident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Tractor Trailer Accidents of October 2009

2009 October 24
by Justin Hill

car under 18 wheeler Tractor Trailer Accidents of October 2009

SaferAutomobiles is dedicated to providing up to date information regarding automobile safety.  Vehicles should be designed and manufactured in a way to protect occupants against foreseeable accidents. Real accidents are discussed on this site as a way to illustrate what accidents are happening on the roadways.  Tractor-Trailers/Big Rigs are one of the real dangers on the roadways today.  According to the National Highway Traffic Safety Administration, truck-related highway fatalities totaled 4,229 in 2008.  Below, are just a few of the recent 18-wheeler accidents reported in the news.

Hartsville, South Carolina Big Rig Accident:

A wreck involving an 18-wheeler killed a Hartsville man and shut down a road in Florence County on Friday morning.  Florence County Coroner M.G. “Bubba” Matthews identifed the victim as Roberto Asencio Jr., 38.  It happened about 9:15 a.m. on Old River Road near Kingsburg. The truck was the only vehicle involved in the wreck. Its cab and trailer were engulfed in flames as a result of the crash.  The truck Asencio was driving was part of Florence’s Pepsi distribution fleet. The truck was headed south on Old River Road, then ran off the left side of the road and into a steep ravine. Asencio was traveling alone when the wreck happened and was pronounced dead at the scene, Matthews said.

Shreveport, Louisiana 18-Wheeler/Pedestrian/Rollover Accident:

Authorities have identified a man killed who was killed Wednesday night when he was hit by an 18-wheeler on Interstate 20 in far west Shreveport.  The victim has been identified as Stanley Earl Combs, 50, of Dallas, Texas. Police said Combs was in Shreveport working, police said.  Combs was killed about 10:20 p.m. Wednesday on I-20 near Bert Kouns Industrial Loop. The truck driver told police he hit a pedestrian who was in the roadway.

A man was killed in Red River Parish late Thursday afternoon when his pickup ran off Louisiana 507 south of Coushatta and overturned. Killed was Mark Riggs, 52, of Natchitoches.  State Police said the truck ran off the road coming out of a curve, hit an embankment, went airborne and then overturned when it landed in a ditch. Troopers said Riggs was not wearing a seat belt.

Oakland, California Tractor-Trailer Accident:

An SUV driver was in critical condition Friday after the vehicle was struck by an out-of-control heavy-haul tractor trailer rig carrying tons of asphalt to a Lake Merritt area paving project, police said. The driver of the hauler told police he lost the brakes about 12:07 p.m. a few blocks from where the crash occurred at Lakeshore Avenue and MacArthur Boulevard. He was not injured, nor were the occupants of another truck nicked by the hauler. The Toyota RAV4 driver, who had to be freed by firefighters, is believed to be an Oakland man in his 60s, police said. No names were released by police.  The hauler, which was transporting asphalt to a paving project on Lakeshore Avenue, was going west on Mac Arthur Boulevard when its brakes apparently went out before Beacon Street, where MacArthur becomes only eastbound lanes. The truck kept going in the eastbound lanes, crossed Lakeshore and as it began turning southbound nicked the front of a construction truck that, like the SUV, was stopped for a red light.  It then slammed into the SUV, the impact almost completely demolishing it and sending it across the sidewalk and partially into Lakeside Park. The hauler also jumped the sidewalk and went into the park, losing one tire and badly damaging others. It finally stopped on thick grass about 100 feet inside the park. The wreck is under investigation.

If someone you know was injured or killed as the result of an 18-wheeler accident, big rig accident, drunk driving accident, automobile accident or tractor-trailer accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Automotive Defect Lawsuits

2009 October 22
by Justin Hill
Crashworthiness cases are merely a subset of design defect cases. Crashworthiness cases involve claims that a design defect caused or enhanced the injuries of a vehicle’s occupants during a crash. To identify a crashworthiness claim, one must examine the interplay among the circumstances of the accident, the performance of the vehicle during the accident, and the injuries suffered. Such defects may cause or enhance injuries, or may fail to provide suitable protection from injury in foreseeable accidents. Crashworthiness claims have taken many forms, both in Texas litigation and throughout state and federal courts.


Claims that a manufacturer should be held liable for failure to provide protection to vehicle occupants in the event of an automobile collision began to reach the courts in the early 1960s. The reaction was strong and sharply divided; in the words of one court, such claims had touched off “a new ‘War Between the States’ unsurpassed since 1865.


Courts all over the United States struggled with this new theory and decisions were inconsistent. The decision of the United States Court of Appeals for the Eighth Circuit in Larsen v. General Motors Corporation, 391 F.2d 495 (8th Cir. 1968), is credited with enunciating the opposing, and eventually, prevailing view:

While automobiles are not made for the purpose of colliding with each other, a frequent and inevitable contingency of normal automobile use will result in collisions and injury-producing impacts. No rational basis exists for limiting recovery to situations where the defect in design or manufacture was the causative factor of the accident, as the accident and the resulting injury, usually caused by the so-called “second collision” of the passenger with the interior part of the automobile, all are foreseeable. Where the injuries or enhanced injuries are due to the manufacturer’s failure to use reasonable care to avoid subjecting the user of its products to an unreasonable risk of injury, general negligence principles should be applicable. The sole function of an automobile is not just to provide a means of transportation, it is to provide a means of safe transportation or as safe as is reasonably possible under the present state of the art.

In my home state of Texas, in Turner v. General Motors Corp., 584 S.W.2d 844, 848 (Tex. 1979), the Texas Supreme Court noted that the crashworthiness doctrine was merely a logical extension of long-articulated principles of Texas products liability law and that cases asserting the doctrine were to be charged as any design defect case

[T]here is no valid distinction in strict liability between a conscious design defect causing an accident and a conscious design defect causing an injury. By the same token, there is no rational basis for a difference in the manner of submission of the issues to be determined by the fact finder. We have not required a balancing of enumerated factors in jury submission by our previous writings, and, as stated earlier, we disapprove the ruling of the Court of Civil Appeals that such is required in a crashworthiness case.

Automotive Product cases, crashworthiness cases, are now litigated throughout the nation. Fifty years ago, this was a new concept and relatively unknown. Now, the people of the United States have been inundated with media discussing the Ford Pinto gas tanks, the Ford/Firestone debacle of the mid to late 1990s and various other high-profile vehicle defects. If someone you know was injured, killed or suffered serious personal injury as the result of a vehicle defect, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Guidelines for Employers to Reduce Motor Vehicle Crashes

2009 October 20
by Justin Hill

There are many employers across the United States that daily entrust the use of motor vehicles to employees. In many profession, it is necessary for employees to drive. While most people typically think of truckers when considering professions requiring driving, there are many others. Traveling salespeople, delivery services, oil field workers and even driver’s safety course instructors are all professions requiring the use of a motor vehicle by employees.

Fischer Guidelines for Employers to Reduce Motor Vehicle Crashes

OSHA has produced, in conjuction with NETS and NHTSA, and published a document entitled “Guidelines for Employers to Reduce Motor Vehicle Crashes.” The introduction states:

Every 12 minutes someone dies in a motor vehicle crash, every 10 seconds an injury occurs and every 5 seconds a crash occurs. Many of these incidents occur during the workday or during the commute to and from work. Employers bear the cost for injuries that occur both on and off the job. Whether you manage a fleet of vehicles, oversee a mobile sales force or simply employ commuters, by implementing a driver safety program in the workplace you can greatly reduce the risks faced by your employees and their families while protecting your company’s bottom line.

Motor vehicle crashes are a leading cause of death and injury for all ages. Crashes on and off the job have far-reaching financial and psychological effects on employees, their coworkers and families, and their employers.

You need a driver safety program:

  • To save lives and to reduce the risk of life-altering injuries within your workforce.
  • To protect your organization’s human and financial resources.
  • To guard against potential company and personal liabilities associated witd crashes involving employees driving on company business.

Your program should work to keep the driver and those with whom he/she shares the road safe. And, if necessary, the program must work to change driver attitudes, improve behavior, and increase skills to build a “be safe” culture. By instructing your employees in basic safe driving practices and then rewarding safety-conscious behavior, you can help your employees and their families avoid tragedy.

Employees are an employer’s most valuable assets. Workplace driver safety programs not only make good business sense but also are a good employee relations tool, demonstrating that employers care about their employees.

This booklet outlines ten steps for building a driver safety program in your workplace. These steps will be useful to any organization regardless of size of the organization, type of traffic encountered, number of vehicles involved, or whether employees drive company or personal vehicles for work purposes. Also included are real-life examples of successful safety programs, key traffic safety issues to address in the workplace, instructions for calculating your organiza-tion’s loss from motor vehicle crashes, and a list of resources to help you fine-tune your program.

It is an important document that should be read and studied by all employers. For employers that use the public roadways to make a profit, safety of all those on the roadways should be a top priority and stressed constantly. Training drivers on the information contained in the report above is one avenue employers could use to stress safety.

If someone you know was injured, killed or suffered serious personal injuries as the result of an accident involving a commercial vehicle, tractor-trailer or someone on the job, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Ford Cruise Deactivation Switch Fire Recall

2009 October 16
by Justin Hill

600 recall Ford Cruise Deactivation Switch Fire Recall
Ford, is once again, recalling another batch of vehicles over a fault cruise control deactivation switch that can cause vehicle fires. Ford has been through a series of recalls attempting to solve this problem. However, the fires have continued and another recall covering 4.5 million vehicles has been issued. The New York Times reports:

Addressing concerns over fires, Ford is conducting a recall of 4.5 million vehicles in the United States equipped with speed control deactivation switches from Texas Instruments. The switches have already been the subject of six recalls.

Recalls began in 1999 and covered some 10 million Ford, Lincoln and Mercury vehicles from 1992 to 2004.

This means that more than 14 million Ford vehicles have been recalled for this problem, a record number for a single problem, according to the National Highway Traffic Safety Administration.

The earlier recalls involved the Texas Instruments cruise-control deactivation switch, which was powered at all times and could develop a short circuit. That could cause a vehicle to catch fire even while it was parked and the ignition was off.

The agency issued a consumer advisory in February 2008 because vehicles were continuing to catch fire and in some cases were burning down garages.

These 4.5 million vehicles with the same switch were not part of those recalls because the switch wasn’t powered at all times. At the time, Ford and the agency said there was no evidence of a problem in those vehicles. The Center for Auto Safety was critical of both the automaker and the agency for not including them anyway.

Additional coverage of this problem can be found here, here, and here. If someone you know was injured, killed or suffered substantial property loss as the result of Ford vehicle fire, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Central Texas Accidents of October 16

2009 October 16
by Justin Hill

Safer Automobiles is dedicated to providing up to date information regarding automobile safety. Automobile safety cannot be discussed without also considering what dangers and hazards it is foreseeable that other automobiles will encounter on the roadways. Vehicles should be designed and manufactured in a way to protect occupants against foreseeable accidents. Real accidents are discussed on this site as a way to illustrate what accidents are happening on the roadways.

Central Texas has been the location of some tragic accidents in the past few days.  Along with the Pleasanton rollover discussed on this website, there have been some other serious accidents with tragic results.  Below are a few serious accidents that have made the news in the past 24 hours.

San Marcos, Texas Tractor Trailer Accident:

A 29-year-old Lockhart woman was killed in a two-vehicle wreck that occurred at about 6 a.m. Friday in Hays County. The woman was driving a passenger vehicle east along Texas 21 about eight miles east of San Marcos when she attempted to pass another vehicle and collided head on with a westbound 18-wheel semi-truck, said Lt. Leroy Opiela of the Hays County Sheriff’s Office. The driver of the truck was not injured, Opiela said. Though the woman was attempting to pass in a legal passing zone, Opiela said, “It was still dark at that time. Apparently she didn’t see the truck coming toward her.” Traffic was diverted Friday morning while the Department of Public Safety investigated.

Caldwell, Texas Fatality Accident:

Department of Public Safety officers and Caldwell County Sheriff’s deputies were on the scene a fatal crash that closed Highway 21 between High Road and Rhode Road south of Niederwald after 6:30 a.m. today. The road was still closed at 9:15 a.m.

If someone you know was injured or killed as the result of an 18-wheeler accident, big rig accident, drunk driving accident, automobile accident or tractor-trailer accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Pleasanton/U.S. 281 Rollover

2009 October 16
by Justin Hill

Chevrolet Trailblazer Rollover

A tragic rollover on U.S. 281 new Pleasanton, Texas claimed the life of a man in the San Antonio area yesterday.  According to MySA.com:

A Sinton man was killed this week when his SUV rolled over on U.S. 281 near Pleasanton, ejecting him from his passenger seat. Frank Sauderman, 86, died at University Hospital on Wednesday, a day after the wreck.

The 2005 Chevrolet Trailblazer was traveling south on the highway about 4 p.m. Tuesday when it veered off the roadway less than half a mile outside of Pleasanton, according to the Department of Public Safety.  The driver overcorrected, causing the vehicle to roll over. Sauderman was ejected. It was not immediately clear if he was wearing a seatbelt.  The driver, Barbara Sauderman, wasn’t injured, DPS said. No other vehicles were involved.

This Blog discusses roof strength, roof crush, and rollovers frequently. For example, I have posted previously regarding roof crush here, here, and here. If someone you know was injured or killed as the result of a rollover, immediately contact a competent attorney for advice. It is extremely important to do this quickly.

Tractor Trailer Bicyclist Accident

2009 October 15
by Justin Hill

495497299 063b3616ca 300x225 Tractor Trailer Bicyclist Accident

“[I]t’s not uncommon for drivers of large trucks to be involved in a collision and not realize it,” stated a police officer in a recent article regarding an 18-wheeler that struck a bicyclist and never knew he had killed her. From the MercuryNews.com:

The driver of the tractor-trailer truck that ran over a woman as she rode her bicycle Wednesday morning in Redwood Shores told investigators that he drove away from the scene because he didn’t realize he struck her, police said.

The collision at about 7:50 a.m. killed the cyclist, identified by the San Mateo County Coroner’s Office as Mary Yonkers, a 58-year-old San Mateo resident.

Investigators are still piecing together what happened, but at this point are treating the incident as an accident, Redwood City police Sgt. Eric Stasiak said. The 30-year-old driver, Scott Mancuso of Stockton, was not arrested.

Police say the collision occurred as the truck, operated by Lodi-based trucking company Tiger Lines, was making a right turn onto Holly Street from southbound Shoreway Road, a route known to have heavy truck traffic coming from a nearby trash and recycling center.

The single-trailer truck was waiting at a red light at the intersection when Yonkers rode down Shoreway on her bicycle and tried to squeeze between the truck’s right side and the curb, Stasiak said. There is no bicycle lane on Shoreway.

This is a tragic accident which illustrates how a trucker’s vantage point can sometimes cause them to be even more dangerous. Truck driver and trucking safety should be stressed by management, companies, and all those involved in the trucking industry.

According to the National Highway Traffic Safety Administration, truck-related highway fatalities totaled 4,229 in 2008. If someone you know was injured or killed as the result of an 18-wheeler accident, big rig accident or tractor-trailer accident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.

Traffic Fatalities Low for 2009

2009 October 14
by Justin Hill

NHTSA recently released a report detailing a record low number of traffic fatalities for the first half of 2009.  Their release states:

Traffic deaths on U.S. roads reached a record low in the first half of 2009, according to projections released Oct. 9. Estimates show that 16,626 people died in traffic crashes between January and June –- a 7 percent decline from 17,871 for the same period last year. Projected figures for the period also show a record low fatality rate of 1.15 deaths per 100 million vehicle miles traveled, down from 1.23 deaths during the same period in 2008.

It is impossible to know what caused this positive decline.  Most likely, it is a combination of factors.  Increased seatbelt usage, improved safety technology on vehicles, drunk driving awareness, and multiple other factors most likely contribute to this decline.  However, there still remain many dangers on the public roadways that kill and injure drivers on a daily basis.

If someone you know was injured or killed as the result of an 18-wheeler accident, traffic accident or drunk driving incident, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all claimants are protected.