Cherry Hill, New Jersey Personal Injury Lawyer - Automobile Accidents

Toyota Recalls 4 Million Vehicles to Fix Gas Pedals

Mike Ferrara — Thu, 26 Nov 2009 17:15:35 GMT

After receiving more than 100 reports of accelerators getting stuck on driver’s side floormats, causing several deaths in high-speed crashes, Toyota is recalling more than 4 million vehicles to repair or replace their gas pedals.

The gas pedal recall is Toyota's largest in the U.S. and the sixth-largest ever in the U.S., according to the National Highway Traffic Safety Administration. It includes 3.8 million vehicles, including the 2007-10 model year Camry, 2005-10 Toyota Avalon, 2004-09 Prius, 2005-10 Toyota Tacoma, 2007-10 Toyota Tundra, 2007-10 Lexus ES350 and 2006-10 Lexus IS250/350. NHTSA said 4.26 million vehicles would be covered, including new cars and trucks sold since September and others manufactured since the recall was announced. -AP

According to Toyota, the gas pedals have been getting stuck simply because they are too long, and not because of any sort of electrical problem. The company is developing new shorter pedals that dealers will install in customer vehicles starting next April. Beginning in January, dealers will offer to shorten the length of customers’ gas pedals by about ¾ of an inch while they wait for replacement pedals to become available.

Toyota also plans to install brake override systems in the Camry, Avalon, and Lexus ES350, IS350, and IS20, so that if the brake and accelerator are applied at the same time, the brake will win out and stop an out-of-control car. According to Toyota, these models are at the highest risk for pedals getting stuck in floor mats.

In November, Toyota issued a statement saying NHTSA had confirmed "that no defect exists in vehicles in which the driver's floor mat is compatible with the vehicle and properly secured." But in a rare rebuke, NHTSA accused Toyota of releasing misleading information about the recall, saying removing the mats did not "correct the underlying defect." Toyota said it was not the company's intention to mislead anyone. -AP

Whether Toyota deliberately misled us or not, life-threatening safety issues like these should never arise at all. The company needs to take more care in the development and safety testing stages to prevent their products from causing unnecessary injury and death in the first place.

If you own one of these Toyota models, please contact Toyota at 800-331-4331 or the NHTSA hot line at 888-327-4236 for more information about the recall.

Originally posted at InjuryBoard by Mike Ferrara

How Safe is Your Car? IIHS Top Safety Picks for 2010

Mike Ferrara — Fri, 20 Nov 2009 18:25:03 GMT

Every year, the Insurance Institute For Highway Safety performance-tests the various vehicles on the market to see how each fares in accidents.

After performing high-speed front and side crash tests, a rollover test, and an evaluation of seat and head restraint protection against neck injuries in rear-impact accidents, the IIHS awards each vehicle a rating of good, acceptable, marginal, or poor for each test. Top Safety Picks must earn ratings of good on every single test, in addition to offering electronic stability control.

Here are the IIHS Top Safety Picks for 2010.

Small Cars

Honda Civic 4-door models (except Si) with optional ESC

Kia Soul

Nissan Cube

Subaru Impreza (except WRX)

Volkswagen Golf 4-door models

Midsize Cars

Audi A3

Chevrolet Malibu built after October 2009

Chrysler Sebring 4-door models with optional ESC

Dodge Avenger with optional ESC

Mercedes C class

Subaru Legacy

Subaru Outback

Volkswagen Jetta sedan

Volkswagen Passat sedan

Volvo C30

Large Cars

Buick LaCrosse

Ford Taurus

Lincoln MKS

Volvo S80

Small SUVs

Honda Element

Jeep Patriot with optional side torso airbags

Subaru Forester

Volkswagen Tiguan

Midsize SUVs

Dodge Journey

Subaru Tribeca

Volvo XC60

Volvo XC90

Please visit IIHS Testing 2010 and click on the name of each car model for more information. Let's keep safe cars like these on the road.

Originally posted at InjuryBoard by Mike Ferrara

Toyota Sued for Concealing Incriminating Evidence in Product Liability Suits

Mike Ferrara — Fri, 04 Sep 2009 21:57:11 GMT

A former company lawyer for Toyota Motor Corp., Dimitrios Biller, who managed the company’s document discovery program, sued the company in July, claiming that while he worked there, Toyota frequently withheld relevant documents in product-liability suits filed against it. According to the lawyer, US Toyota units destroyed engineering and testing evidence that would have impacted over 300 suits over SUV rollover accidents.

Toyota has denied the lawyer’s claim, but in 2005, a California court fined the company $139,000 for failing to turn over documents in a product liability case involving an allegedly defective Toyota forklift that tipped over, killing a worker who was standing on it to try to balance it.

Toyota may now face demands that all of the rollover-crash cases it won or settled over the past 10 years be reopened.

Biller, 46, said he worked from 2003 to 2008 managing records for Toyota litigation. He “suffered a complete mental and physical breakdown” battling company executives and finally resigned after objecting to Toyota’s insistence on hiding data, he said in a July 24 complaint in federal court in Los Angeles.

“Defendants are, and have, engaged in a systematic pattern and practice of discovery abuses and criminal acts against plaintiffs in litigation against the Toyota entities,” according to Biller’s complaint.

“This is the kind of publicity no company wants,” said Rebecca Lindland, an analyst at auto industry forecaster IHS Global Insight Inc. in Lexington, Massachusetts. “If the allegations are true, it would violate the trust so many people put into Toyota.” -Bloomberg

While companies concealing and destroying documents is obviously a serious threat to consumer safety, another threat is the secrecy agreements that corporations and manufacturers are allowed to enter into when they’re sued for producing faulty or dangerous products. Frequently, companies will not turn over information about their manufacturing and testing processes unless injured consumers and their attorneys agree to keep the information a secret from the public. As a result, the public is often kept in the dark about potentially dangerous products, and negligent corporations can continue to market and profit from these products.

Originally posted at InjuryBoard by Mike Ferrara

Allstate: Philadelphia Drivers Most Accident Prone in the Country – How Does Your City Fare?

Camryn Hansen — Mon, 13 Jul 2009 21:24:28 GMT

According to the 2009 Allstate America's Best Drivers Report™ released earlier in July, Philadelphia ranks with the most dangerous of big cities to drive in, with drivers having a 57.1% greater chance of getting into an accident than the national average.

Having just moved out of Philadelphia, I can attest to its dangerousness, particularly for pedestrians interested in crossing neighborhood streets. The cars blow through stop signs and drivers get annoyed (if not irate) if you try to walk out into a crosswalk in front of them. Sometimes, they don’t slow down; they just drive around you.

Philly city planner Rick Shnitzler, hyper-vigilant ever since his 16-year-old daughter got her learner’s permit, gave The Philadelphia Inquirerhis personal account of 100 drivers who went through the stop sign at the intersection of 20^th and Hamilton in Franklintown.

One of every seven drivers was on the phone. That's just one of the distractions he jotted down.

There was the woman eating takeout with a fork, an act that required two hands.

A guy (he thinks) driving with a Chihuahua on his lap.

A Paratransit driver filling out some sort of log as he drove.

Some guy reading a paperback.

And then Shnitzler's favorite - the woman who applied her eyeliner as a very elderly couple navigated the crosswalk in front of her. She stayed there until her job was done, a full minute, as cars idled behind her. –Daniel Rubin, The Philadelphia Inquirer

It’s so true. No wonder the auto insurance in Philly (thank you, Allstate and others) is through the roof.

The city recently made it illegal to talk on the phone while driving, but the $150 fines ($300 for repeat offenses) won’t be enforced until November 2009.

How did other cities fare in Allstate’s report? Here are their top ten safest driving cities:

City & Overall Ranking

Collision Likelihood
Compared to National
Average

Average Years
Between Collisions

1. Sioux Falls, S.D.

-26.1% less likely

13.5

2. Fort Collins, Colo.

-24.6% less likely

13.3

3. Chattanooga, Tenn.

-21.4% less likely

12.7

4. Cedar Rapids, Iowa

-20.7% less likely

12.6

5. Knoxville, Tenn.

-19.0% less likely

12.3

6. Fort Wayne, Ind.

-18.4% less likely

12.2

7. Lexington-Fayette, Ky.

-17.7% less likely

12.1

8. Eugene, Ore.

-16.3% less likely

11.9

9. Boise, Idaho

-15.4% less likely

11.8

10. Colorado Springs, Colo.

-15.0% less likely

11.8

-Allstate 2009 data

Big cities, not too surprisingly, fared worse than smaller ones:

City & Overall Ranking

Collision Likelihood
Compared to National
Average

Average Years
Between Collisions

95. Phoenix, Ariz.

8.8% more likely

9.2

108. San Diego, Calif.

13.0% more likely

8.8

145. New York, N.Y.

25.5% more likely

8.0

161. Houston, Texas

32.0% more likely

7.6

168. San Antonio, Texas

36.3% more likely

7.3

170. Chicago, Ill.

37.6% more likely

7.3

173. Dallas, Texas

39.5% more likely

7.2

184. Los Angeles, Calif.

46.6% more likely

6.8

188. Philadelphia, Pa.

57.1% more likely

6.4

-Allstate 2009 data

When you drive, please don’t talk on the phone, and don’t send text messages. Wear your seat belt, and don’t eat while driving. And as cute as you might think it is, don’t let your dog sit on your lap while you drive. Instead, get a doggie seat belt for the back seat. Not only do seat belts keep your dog from barging up front, they will keep him from crashing into the windshield if you have an accident.

Originally posted at InjuryBoard by Camryn Hansen

NJ Court Panel Considers Mandatory 30-Day Waiting Period after an Accident Before Lawyers Can Contact Victims

Mike Ferrara — Wed, 08 Jul 2009 21:31:41 GMT

New Jersey lawyers and accident victims alike will be interested to know that the state may soon implement a 30-day waiting period before attorneys may contact accident victims or their families to offer legal services, whether or not the injuries are serious.

The proposed change would be made to Rule of Professional Conduct 7.3(a)(4), and would expand a ban in effect since 1997 that prohibits lawyers from soliciting victims of a specific mass disaster event within 30 days of that event. The new rule would include any “event causing personal injury or death,” car accidents and slip-and-falls alike. There would be an exception to the rule for lawyers who have a “family, close personal, or prior professional relationship” with a victim.

The proposed expansion of the rule was initiated by the New Jersey Association for Justice (NJAJ), which asked the Supreme Court's Committee on Attorney Advertising for total ban on direct solicitation of accident victims, absent a personal or family relationship. Because of First Amendment concerns, the committee suggested limiting the ban to 30 days. It disfavored the existing-relationship exception, since the concern underlying the ban — that an accident victim or family member might not be in the best mental or emotional state to evaluate a lawyer solicitation — would apply equally if the lawyer was known to the victim or family.

The matter then went to the Professional Responsibility Rules Committee, where the Trial Attorneys of New Jersey weighed in. TANJ asked for a complete ban, not limited to 30 days and without an existing-relationship exception, that would prohibit contact with potential clients of all types, including people charged with traffic offenses.

The PRRC rejected a complete ban as vulnerable to a free speech challenge under the U.S. Constitution, noting no other jurisdiction has adopted such a stricture, while 13 states impose a waiting period for sending solicitation letters pertaining to personal injury, wrongful death or an accident or disaster.

"A limited duration ban may sufficiently address the concerns identified by NJAJ and TANJ," the panel said. "Such a temporary restriction is narrowly drawn and promotes a real and substantial interest, namely, protecting the 'privacy and tranquility' of individuals from intrusion during a period of trauma and grief." -Mary Pat Gallagher, New Jersey Law Journal

The committee also felt that the exception for lawyers who had a personal or professional relationship with the victims allowed for the ability to conduct prompt investigations without a similar violation of privacy.

This proposal is now open for public comment until Sept. 4. If enacted, it will hold attorneys to a more professional standard of conduct. Some attorneys have enough professionalism to know better, but others need to be forced to behave professionally.

Originally posted at InjuryBoard by Mike Ferrara

New Roof Strength Rule Doesn’t Do Enough to Protect in Rollovers

Mike Ferrara — Tue, 05 May 2009 22:39:57 GMT

Last week, the National Highway Traffic Safety Administration (NHTSA) announced its new standards for stronger roofs in vehicles, with an aim to reduce passenger injuries and deaths in rollover crashes. The roof strength rule hadn’t been updated since 1971.

Happily, the NHTSA did not preserve the original plan of the Bush administration to insert preemption language into the roof strength rule which would undermine a consumer’s right to compensation for injuries sustained in rollover crashes, stating that “Consumer advocacy groups, members of Congress and State officials, trial lawyers, consultants, members of academia, and private individuals strongly opposed” preemption.

Sadly, the new roof strength rule is not all we hoped it would be. While the NHTSA has doubled the mandatory roof strength (increasing the strength-to-weight ratio from 1.5:1 to 3:1), this is only enough, by NHTSA calculations, to prevent 135 of the 10,000 deaths that occur in rollover crashes each year. If the roofs of many new vehicles can already withstand 3 to 5 times the vehicle’s weight (the VW Jetta roof has a 5:1 strength to weight ratio), why not make the standard even higher? Why not prevent as many deaths as possible with a stricter standard that is already demonstrably attainable?

The NHTSA is giving auto makers more than six years (or model year 2016) to comply 100% with the standard; only 25% of 2013 models will be mandated to meet it.

Originally posted at InjuryBoard by Mike Ferrara

Before you turn the key; make sure you can see

Janette Fennell — Fri, 24 Apr 2009 12:25:26 GMT

At least 16 children have lost their lives in nontraffic incidents so far this MONTH (April); almost one child every day. These tragic headlines should be a warning for all of us. Take heed and incorporate our safety tips below to keep children safe in and around motor vehicles.

April 22, 2009. A 19-month-old Bloomfield, NM boy was killed when a truck backed over him in a driveway. A family friend did not see the boy when he was leaving, and reversed over the child.

April 21, 2009. A Riverton, UT 18-month-old boy died after accidentally being run over in the driveway of his home. The toddler was getting a toy from under a truck when his uncle moved the vehicle without knowing he was there.

April 20, 2009. In Fresno, CA a two year old girl died after she toddled after her aunt uncle as they left a family gathering. They got into their 2008 Toyota Tundra Pickup truck not realizing she had followed them out to the driveway from the backyard.

April 19, 2009. A Mendota, CA Mom accidentally ran over her two children. Her 5-year-old was killed and 3-year old sibling is in serious condition.

April 18, 2009. 2-year-old died after being hit by a vehicle in an alley on Chicago’s South Side.

April 18, 2009. Five Houston, TX children drown when the vehicle they were traveling in landed in a drainage ditch filled with 9 feet of water.

April 16, 2009. A Houston, TX 2-year-old boy died after his father’s car hits him in their home driveway.

April 12, 2009. In Morganton, NC a 3-year-old was killed by a rolling SUV while playing with friends. The boy was hit by a Chevy Tahoe in his grandfather’s driveway.

April 11, 2009. A toddler was run over and killed by a SUV at a Los Angeles car wash as it moved from the washing area to a drying area.

April 9, 2009. A 4-month-old baby by died after being forgotten in a childcare van in Milwaukee, WI.

April 6, 2009. A Lynnwood, WA family is devastated after their 14-month-old boy died after being left in a hot vehicle for 7 hours.

April 4, 2009. A toddler died in Tampa, FL when a car rolled over her by a woman backing up without seeing the child behind the car.

KidsAndCars.org recommendations to keep children safe include:

· Walk around and behind a vehicle prior to moving it.

· Know where your kids are. Make children move away from your vehicle to a place where they are in full view before moving the car and know that another adult is properly supervising children before moving your vehicle.

· Teach children that “parked” vehicles might move. Let them know that they can see the vehicle; but the driver might not be able to see them.

· Consider installing cross view mirrors, audible collision detectors, rear view video camera and/or some type of back up detection device.

· Measure the size of your blind zone (area) behind the vehicle(s) you drive. A 5-foot-1-inch driver in a pickup truck can have a rear blind zone of approximately 8 feet wide by 50 feet long.

· Be aware that steep inclines and large SUV’s, vans and trucks add to the difficulty of seeing behind a vehicle.

· Hold children’s hand when leaving the vehicle.

· Teach your children to never play in, around or behind a vehicle and always set the emergency brake.

· Keep toys and other sports equipment off the driveway.

· Homeowners should trim landscaping around the driveway to ensure they can see the sidewalk, street and pedestrians clearly when backing out of their driveway. Pedestrians also need to be able to see a vehicle pulling out of the driveway.

· Never leave children alone in or around cars; not even for a minute.

· Keep vehicles locked at all times; even in the garage or driveway and always set your parking brake.

· Keys and/or remote openers should never be left within reach of children.

· Make sure all child passengers have left the car after it is parked.

· Be especially careful about keeping children safe in and around cars during busy times, schedule changes and periods of crisis or holidays.

Put something you'll need like your cell phone, handbag, employee badge, lunch or brief case, etc., on the floor board in the back seat. Get in the habit of always opening the back door of your vehicle every time you reach your destination to make sure no child has been left behind. This will soon become a habit. We call this the “Look…then lock campaign”

Keep a large teddy bear in the child's car seat when it’s not occupied. When the child is placed in the seat, put the teddy bear in the front passenger seat. It's a visual reminder that anytime the teddy bear is up front you know the child is in the back seat in a child safety seat.
Make arrangements with your child’s day care center or babysitter that you will always call them if your child will not be there on a particular day as scheduled. This is common courtesy and sets a good example that everyone who is involved in the care of your child is informed of their whereabouts on a daily basis. Ask them to phone you if your child doesn’t show up when expected. Many children’s lives could have been saved with a telephone call from a concerned child care provider. Give child care providers all your telephone numbers, including that of an extra family member or friend, so they can always confirm the whereabouts of your child.
Use drive-thru services when available. (restaurants, banks, pharmacies, dry cleaners, etc.)
Use your debit or credit card to pay for gas at the pump.
If you see a child alone in a vehicle, get involved. If they are hot or seem sick, get them out as quickly as possible. Call 911 or your local emergency number immediately.
When a child is missing, check vehicles and car trunks immediately.

· These precautions can save lives.

For additional information visit www.KidsAndCars.org

Originally posted at InjuryBoard by Janette Fennell

New Jersey Passes Law to Limit Teen Auto Accidents

Mike Ferrara — Thu, 16 Apr 2009 20:47:22 GMT

Yesterday, New Jersey Governor Jon Corzine signed two new bills aimed at making teen driving safer.

The first bill, named Kyleigh's Law after 16-year-old Kyleigh D'Alessio, an honors student from West Morris Central High School who was killed as a passenger in a car accident on Dec. 21, 2006 which also killed the teenage driver, will enforce the use of an identifying decal on vehicles driven by teens holding only a learner’s permit or provisional license.

The second bill will increase nighttime driving restrictions on learner’s permit and provisional license holders under New Jerseys' Graduated Driver License law. While the old rule prohibited teens with provisional licenses from driving between midnight and 5 a.m., the new one adds an hour, so that new drivers can’t be on the road from 11 p.m. to 5 a.m. Under this new bill, provisional license holders under 21 years old won’t be allowed to transport more than one passenger, whether or not they live with the other passengers.

Hopefully, the new laws will reduce teen accidents in the first place, and when accidents do happen, they will further reduce injuries. Driving in New Jersey is a dangerous endeavor for the most experienced driver.

Originally posted at InjuryBoard by Mike Ferrara

AAJ: Auto Roof Crush Standards are Outdated, Ineffective

Camryn Hansen — Fri, 10 Apr 2009 21:04:07 GMT

As the Obama administration named Charles Hurley the new administrator for the National Highway Traffic Safety Administration (NHTSA), the American Association for Justice (AAJ) asked that that the agency put the roof crush standard first on their to-do list, and demanded that it work to ensure consumer access to the courts when auto injury occurs.

As the AAJ pointed out, the current roof standard, which addresses vehicles’ ability to withstand pressure when rollover accidents occur, hasn’t been changed since 1973, when SUVs weren’t yet common on the road. Congress gave NHTSA a deadline for a new standard of July 1, 2008, but then rejected NHTSA’s proposed rule due to its failure to significantly reduce injuries and/or loss of life. NHTSA requested an extension until December 15, 2008, which was subsequently pushed back to April 30, 2009.

Because the Bush administration’s proposed roof crush standard, which upped a roof’s ability withstand force to 2.5 times the vehicle’s standalone weight, was already being met by 70 percent of US auto makers, it would have only saved between 13 to 44 lives (or less than one percent) out the 10,000 who die each year in rollover crashes. Against the better judgment of both Democrats and Republicans, but not out of character for the Bush administration, the proposed rule also included preemption language bestowing immunity from lawsuits on auto manufacturers in the preambles to safety regulations for occupant crash protection, side-impact protection, school bus seating and other final regulations.

Industry experts said this standard did not go far enough because it would still result in killing or paralyzing most passengers in rollover accidents. “Under the Bush administration, NHTSA’s safety regulations often took a back seat to corporate profits. We are confident the new NHTSA administrator will put safety as the number one priority, with the first order of business to finalize a strong roof crush standard,” said AAJ Director of Regulatory Affairs Gerie Voss.

AAJ has called on the Obama administration to remove preemption language and give consumers the right to seek justice in the courts. –AAJ Newsroom

It’s a proverbial no-brainer. Create a safety standard that saves people’s lives and makes companies take responsibility for products that needlessly injure people.

Originally posted at InjuryBoard by Camryn Hansen

KidsAndCars.org joins the InjuryBoard Blog

Janette Fennell — Wed, 08 Apr 2009 16:31:56 GMT

Greetings!

Janette Fennell from KidsAndCars.org here. We are very excited about being invited to become a part of the InjuryBoard blog.

Many thanks to Mike Ferrara for providing an account for KidsAndCars.org to help raise awareness about the dangers children face in and around motor vehicles.

As everyone is getting ready for the warm weather, we hunker down and hope that children will not be inadvertently left alone in vehicles. Last year 42 children lost their lives due to hyperthermia (heat stroke). We already have learned about 2 fatalities so far this year.

On March 8, 2009 an incredible article was written by the Pulitzer Prize winning author, Gene Weingarten about the topic of children being forgotten in motor vehicles. We worked with Mr. Weingarten for over 6 months as he thoroughly and thoughtfully researched this modern day phenomena. The article, aptly entitled, "Fatal Distraction" appeared as the cover story of the Washington Post Magazine and was blogged about by the New York Times, the Wall Street Journal and many more.

We highly encourage everyone to read this amazing piece. Many people have referred to this as the “must read” article of the year. Simply put; there is a message in there for everyone.

We share with you…………

Fatal Distraction
Forgetting a child in the back seat of a hot, parked car is a horrifying, inexcusable mistake. But is it a crime?

Originally posted at InjuryBoard by Janette Fennell

City & Overall Ranking	Collision Likelihood Compared to National Average	Average Years Between Collisions
1. Sioux Falls, S.D.	-26.1% less likely	13.5
2. Fort Collins, Colo.	-24.6% less likely	13.3
3. Chattanooga, Tenn.	-21.4% less likely	12.7
4. Cedar Rapids, Iowa	-20.7% less likely	12.6
5. Knoxville, Tenn.	-19.0% less likely	12.3
6. Fort Wayne, Ind.	-18.4% less likely	12.2
7. Lexington-Fayette, Ky.	-17.7% less likely	12.1
8. Eugene, Ore.	-16.3% less likely	11.9
9. Boise, Idaho	-15.4% less likely	11.8
10. Colorado Springs, Colo.	-15.0% less likely	11.8