Wilmington Personal Injury Lawyer - Auto Accident

New Roof Crush Standards Are A Start But Do Not Go Far Enough To Protect Consumers

Jean Martin — Fri, 14 Aug 2009 12:32:24 GMT

The National Highway Traffic Safety Administration, or NHTSA, beat expectations recently by doubling the minimum roof crush resistance standard for most vehicles.
For the last three years, NHTSA toyed with a lower increase that would have had a negligible effect.

But beating low expectations doesn’t mean NHTSA has raised the bar enough for auto makers. Rollover accidents will still be deadly and preventable.

When the rules are fully in effect in 2017, vehicles weighing up to 6,000 pounds will have to withstand a force equal to 3 times their weight. Vehicles weighing 6,000 to 10,000 pounds will have to withstand a force of 1.5 times their weight, a measure known as a roof’s strength-to-weight ratio.

Of the 10,000 fatalities each year from rollover accidents, NHTSA attributes roof crush as the cause in 667. NHTSA expects the new rule to save 135 of those lives and prevent 1,065 nonfatal injuries each year.

Laudable as those goals may be—especially given a previous proposal to increase the minimum standard to just 2.5 times the vehicle’s weight for automobiles of 6,000 pounds and less—don’t be fooled into thinking this is the best the U.S. government could do to protect consumers. These rules will increase the cost of a vehicle by just $54. Yet compliance with the new standards would not even earn a vehicle the score of “acceptable” under roof-crush ratings published by the Insurance Institute for Highway Safety.

To be rated acceptable, a car must withstand a force of 3.25 times its unloaded weight. The threshold is ratio of 4 for a “good” rating.

NHTSA calls its new standard “tough.” Even the Institute called it “bold.”

Really? The standard puts most cars somewhere between “marginal” and “adequate” while requiring half that protection for drivers and passengers in many SUVs and light trucks. But the rule does beat expectations. The previous standard stood for 36 years, and NHTSA’s proposed upgrade in 2005 would only have increased roof resistance for lighter vehicles to 2.5 times their weight.

But research shows a strength-to-weight ratio of 2.5 would have minimal effect on auto fleets that mostly exceed that number anyway. The same research shows that a ratio higher than 3 is achievable and would dramatically improve safety.

A report by the Institute studied 12 small four-door passenger cars and crash data for those cars in 14 states. While NHTSA estimates its strength-to-weight ratio of 3 would save 135 lives, or just over 20 percent of the deaths attributed to roof crush nationwide, the Institute concluded that a ratio of 3.9 would save 32 percent of the lives lost in the 14 states it studied.

Not only does that result suggest that the NHTSA underestimates the impact of its new rule, it also demonstrates that the agency could have done much better by consumers--and so could auto manufacturers.

*Thank you to law clerk Cory Reiss, 3rd year student at Wake Forest University School of Law, who contributed this blog.

Originally posted at InjuryBoard by Jean Martin

On The Road For Memorial Day Weekend - Watch Your Medications

Jean Martin — Fri, 22 May 2009 16:11:54 GMT

Many Americans will be on the road traveling this Memorial Day weekend. Unfotrunately, as we all know, holiday weekends with holiday travel present more risk for traffic accidents. We have all heard the warnings to slow down, be patient, leave plenty of room between you and the car in front of you, check your tire pressure, etc. But perhaps we should also warn people to check their medications.

First, as you head out for the holiday weekend, you want to make sure that you remember your medicines. If you are diabetic or have high blood pressure or another chronic disease, you do not want to miss your medications. So in those circumstances, your medicines should be the first thing you pack.

But if you have been taking Chantix in order to quit smoking, I would encourage you to leave that one at home, particularly if you are doing the driving this weekend. Over 170 serious events described as accidental injury, including more than 30 traffic accidents and 77 falls, have been reported with use of Chantix. The resulting injuries from the falls have included fractures of ribs, hands, arms, facial bones, spine and lower limbs. According to the manufacturer's own study, there is a doubling of the risk of accidental injury at at .5 mg does. In the 4th quarter of 2007, Chantix accounted for 988 serious injuries in the United States - more than any other individual drug.

The Federal Aviation Administration (FAA) does not allow pilots flying commerical planes or air traffic controllers to use Chantix. The Federal Motor Carrier Safety Administration has warned medical examiners not to prescribe Chantix for commerical drivers. The reason? Chantix is being blammed for blackouts and seizures. I don't have to tell you that the consequences of experiencing a blackout or seizure while driving can be deadly.

You have valuable cargo in your car this weekend, keep them and yourself safe - leave the Chantix at home!

Originally posted at InjuryBoard by Jean Martin

Accident in Columbus County, NC Claims Three Lives Including Groom on His Wedding Day

Jean Martin — Mon, 20 Apr 2009 10:31:42 GMT

A tragic accident in Columbus County, North Carolina claimed the lives of three members of a wedding party, including the groom just an hour before his expected wedding ceremony. Brandon Tedder, Brandon Lee Mintz and Daniel Sykes were all pronounced dead on the scene. Tedder was scheduled to get married less than an hour after the accident happened and Mintx and Sykes were members of the wedding party.

Most disturbing, police officers found empty beer bottles in the car that hit and killed these three young men. Officers are now investigating whether alcohol contributed to the accident.

What a tragedy to lose these three young lives, particularly as Tedder was just about to embark on a wonderful, new chapter in his life. Accidents like these are never good news to report and this one is even more heart-breaking given the timing.

Originally posted at InjuryBoard by Jean Martin

What Would Cause Someone to Blackout While Driving? Maybe It's the Chantix.

Jean Martin — Wed, 08 Apr 2009 08:14:00 GMT

My InjuryBoad Colleague Randy Appleton recently reported about an accident that occurred when a woman blacked out while driving. Too often accidents happen and the driver doesn't remember a thing. The police officer investigating the accident determines that the driver suffered a blackout and that led to the accident.

Not only is is tragic circumstances when the accident results in someone being injured, now the driver is left with the scary questions as to what caused the blackout. Doctors will look for a medical condition - seizure, epilepsy, heart problems, diabetes, etc - that caused the blackout. But now there may be another answer - Chantix.

Chantix is a medication that is used to help people quit smoking. While many people say that is has helped them in this regard, the side effects experienced were worse than the smoking habit. Chantix has been linked to seizures, suicides, heart problems, and diabetes. There have also been numerous reports of traffic accidents due to blackouts while the affected driver was taking Chantix. I think that it is telling that the Federal Aviation Administration will not allow pilots to be taking Chantix and the Federal Motor Carrier Safety Administration has banned operators of tractor trailer trucks from using this prescription drug.

If an accident happens due to a driver blackout, Chantix needs to be added to the list of consideration for potential causes.

Originally posted at InjuryBoard by Jean Martin