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Driver Safety at Risk in Virginia From Proposals to Raise Speed Limits, Allow Radar Detectors

Rick Shapiro — Fri, 05 Feb 2010 18:42:44 GMT

Virginia (VA) took a step toward making its roads less safe and more deadly on Feb. 2, 2010, when members of the state House and Senate voted to pass bills that would allow the Virginia Department of Transportation to increase the legal speed limit on many divided highways from 65 mph to 70 mph. Legislators seem poised to take another step toward turning Commonwealth's interstate highways into racetracks by lifting Virginia's 48-year-old ban on radar and laser detectors in cars and trucks and on motorcycles.

HB 674, the detector ban repeal bill, advanced out the House Committee on Transportation and to the full chamber on Feb. 4. The Virginian-Pilot reported that state police, insurance companies and sheriffs want the ban kept in place. The paper also noted that delegates are likely to send the repeal to the Senate.

I have written elsewhere about the dangers posed by increasing speed limits. Briefly, faster cars, trucks and motrcycles have worse accidents--drivers, passengers and pedestrians are all at greater risks for suffering major injuries or being killed when vehicles collide at higher speeds. Radar detectors exist solely to permit car, truck and motorcycle drivers to exceed posted speed limits. A tagline on this radar and laser detector product review Web site baldly states, "Don't Slow Down. You've Got Options." Maybe Virginia's new governor is hoping to make this a new state slogan!

Having practiced injury law for more than 20 years and having seen too often how decisions to not slow down and drive recklessly have resulted in horrific accidents, serious disabilities and deaths, it boggles my mind why Virginia lawmakers would go out their way to make it easier for drivers to speed. When I think about a new governor's first 30-day priority list, I have to wonder: Are making highway driving less safe by raising speed limits and allowing radar detectors issues Virginians considered important when casting their ballots last November? I think not. How about focusing on our economy, jobs and laws and regulations that make us safer?

I can only hope the delegates act in their constituents' best interest by keeping the radar and laser detector ban in place. I do not think interstate driver's are going to detour around Virginia on this issue, but I am wondering how this rose to the top of the Virginia governor's priority list.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Hampton Roads Most Likely Place to get into a Car Wreck in Virginia

Jim Lewis — Thu, 04 Feb 2010 08:01:42 GMT

A shocking report submitted to the Hampton Roads Transportation Planning Organization revealed Hampton Roads had the highest car crash rate among Virginia (VA) urban areas from 2006 to 2008. To make matters worse, fatal car wrecks are increasing. There were 153 car accident deaths in 2008, a 19 percent increase since 2003, according to the Virginian Pilot.

This report indicates Hampton Roads has some major work to do regarding road safety. In an ideal world, the car accident rate and fatal car crash rate would be zero, but a more realistic goal for the seven cities would be to get rid of the dubious honor of having the highest car crash rate.

How can we decrease those accident numbers? Well, 64 percent people killed in car crashes were not wearing their seat belt. The Virginia General Assembly is considering a law that would make not wearing a seat belt a “primary offense” as opposed to a “secondary offense.” Basically, this change means a police officer can pull you over if they see you aren’t wearing your seat belt. I wrote about this proposed legislation and believe the new accident report only reinforces the need to pass this bill during the current session.

Another strategy would be to stiffen the new laws restricting texting while driving and restricting cell phone use to only a hands-free device. One of the leading causes of fatal car wrecks was distracted driving, according to the report, and people are most commonly distracted while trying to drive and operate a cell phone/text. Our firm recently published a consumer report about the risks associated with distracted driving. Take advantage of the free download here.

Whatever ideas/strategies are suggested, it is clear action needs to be taken. Hampton Roads can do better than this.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Jim Lewis

Wrong Way Car Wrecks in HOV Lanes Increase in 2008

Rick Shapiro — Wed, 03 Feb 2010 21:04:34 GMT

Between 2005 and 2008, there were 25 car accidents in the I-64 reversible lanes, according to the Virginian Pilot. There were four car wrecks in 2005, five in 2006, four in 2007, and 12 in 2008. You read that right, the number tripled in 2008. In addition, a number of these crashes involved wrong way drivers causing an accident while traveling in the wrong direction.

What is the cause of the sudden increase? Unfortunately, no one has a definitive answer. Howard Copeland, a former member of the House of Delegates and current resident of Norfolk, Virginia (VA), believes structural issues could be the culprit.

"It just seems to me that it's a bad design," he said. "I've been driving stone sober and at a moderate speed, and it's frightening."

These statistics come on the heels of a fatal car crash on the I-264 HOV interchange in December . Two people were killed and the at-fault driver was traveling the wrong way.

Should additional signs and alerts be added in an effort to decrease the incidences of wrong way drivers , or does the problem run deeper than that? Well, another startling statistic in the report shows the 30 barrier gates in the reversible lanes had to be repaired, maintained or replaced more than 70 times, according to the Virginia Department of Transportation. This indicates they may have been hit or grazed by vehicles. There are 216 interstates nationwide with concurrent HOV lanes but only 27 highways in eight states with reversible HOV lanes, according to the Pilot article.

Despite the jump in HOV accidents, traffic safety experts don’t believe the reversible lanes need to be dramatically altered. I think a more cautious approach is warranted. We should review the 2009 numbers (once they’re released) to see if the high car crash numbers are becoming commonplace, or if 2008 was simply an aberration. If it turns out the number of car crashes remain abnormally high, officials should take a step back and look into ways in improving the design and set-up of the reversible HOV lanes.

Originally posted at InjuryBoard by Rick Shapiro

Pit Bull Attacks Newport News Police Officer

Randy Appleton — Mon, 01 Feb 2010 13:18:06 GMT

A police officer responding to a domestic disturbance call in Newport News, Virginia (VA), on Jan. 31, 2010, was bitten on the hand and arm by the family's pit bull. The officer had to shoot the dog to stop the attack, according to a report in the Virginian-Pilot, and was treated at a local hospital following the incident.

One of the charges filed against the man arrested at the scene is keeping a dangerous or vicious dog. All dogs can bite, injure or kill, but poorly trained and socialized pit bulls pose a particular threat because of their natural strength, stamina and instinct to fiercely protect their owners.

Reports compiled by the advocacy group Dogbites.org show that in 2008, police and private citizens found it necessary to shoot 373 pit bulls to prevent or stop an attack. That organization also determined that 15 of the 23 U.S. residents who died from dog bites in 2008 were attacked by pit bulls.

Owners ho know or should know that their dogs are dangerous are responsible for the actions of their dogs. Virginia recognizes this by requiring people who keep dangerous dogs to get special licenses and pay fees over and above those for regular dog licenses. The Commonwealth also maintains a searchable online registry of dangerous dogs in each Virginia county and city.

It appears that the injuries suffered by the Newport News officer were not serious, and that is good news. Too often, though, uncontrolled dogs can seriously injure or kill children and adults.

EJL

Originally posted at InjuryBoard by Randy Appleton

Toyota’s Gas Pedal Problem Gets Worse

John Cooper — Fri, 29 Jan 2010 15:49:12 GMT

Toyota Motor Corp. recently recalled over two million vehicles, including some of their most popular models like the Toyota Camry and Corolla, due to a problem with the gas pedal sticking and forcing undue acceleration. This is the second recall in less than four months revolving around the gas pedal.

If the recall wasn’t bad enough, the company announced to dealerships that they should stop selling the vehicle models potentially affected by the sudden acceleration issue altogether. A list of the Toyota cars with the possible gas pedal problem include…

· 2009-2010 Toyota Rav4

· 2009-2010 Corolla

· 2009-2010 Matrix

· 2005-2010 Avalon

· 2007-2010 Camry

· 2010 Highlander

· 2007-2010 Tundra

· 2008-2010 Sequoia

Just last week, a new class-action lawsuit was filed against Toyota due to the gas pedal problem. This brings the total to three class-action lawsuits and numerous individual lawsuits that have been filed on behalf of individuals who were killed in car crashes that may have been due to the faulty gas pedal, according to businessweek.com.

The most recent class-action lawsuit claims the root problem is with the Electronic Throttle Control System (ETCS) which is prominent is many Toyota vehicles.

“Vehicles equipped with ETCS-I have a dangerous propensity to suddenly accelerate without driver input and against the intentions of the driver,” said Toyota customers in a complaint filed in federal court in Charleston, West Virginia (WV).

Toyota is telling car owners if they are on the road and their vehicle suddenly accelerates to pump the brakes, put the car in neutral and call a nearest Toyota dealership so they can pick up the vehicle and try to fix the problem.

Personally, I feel this recommendation is not enough. Toyota representatives need to realize that if you’re driving on the highway at 60mph and you’re car suddenly accelerates to 110mph, the initial reaction is shock, followed by fear. It takes a moment for someone in that situation to fully compute what’s happening and then apply the suggested technique. But what happens if the highway is filled with cars? By the time a driver tries to pump the brakes, they may have already slammed into another car and suffered a serious injury.

Here's a video illustrating the serious risks associated with this Toyota gas pedal problem...

http://www.youtube.com/watch?v=sy8dYAJZWgE

Another solution would be for Toyota to tell its customers to bring in their potentially defective vehicle and provide a free rental vehicle until the problem is fixed. Drivers shouldn’t take the gamble of driving their car until it suddenly accelerates to address the issue.

Originally posted at InjuryBoard by John Cooper

Legislators Consider Making Seat Belt Laws Stricter in Virginia

Jim Lewis — Mon, 25 Jan 2010 18:21:51 GMT

A bill is working its way through the General Assembly that would make failing to wear a seatbelt a primary offense in the Commonwealth, according to Tidewater News.

Virginia (VA) seat belt laws are some of the most lax in the southeast. Not wearing a seat belt is a secondary offense which means a police officer can only cite you for the infraction if you perform another illegal act such as speeding or making an illegal U-turn.

Most states around Virginia have seat belt laws that are deemed a primary offense including Maryland (MD) and North Carolina (NC).

Currently, 63 percent of people killed in car wrecks failed to wear a seat belt, according to car-accidents.com. On average, inpatient hospital care costs for a car crash victim who failed to wear their seat belt are double compared to a crash victim who was wearing their seat belt. Nearly 85 percent of those costs are paid for by American taxpayers, not the individuals involved in the car crash which means every U.S. citizen pays nearly $600 a year toward the cost of serious vehicle wrecks.

Roughly 80 percent of Virginians wear their seat belts, but this number needs to be higher, which is why Del. William Barlow (D-Smithfield) introduced the bill. He is confident it will become state law.

For me, it is a bill that should be passed in this session, said Barlow. It does not cost any money and saves citizens a lot of money because of injury and death.

Heres a link to actual text of the bill (HB901)

I applaud Del. Barlows legislative initiative. The fact that were one of the few states in the south to have secondary offense seat belt laws is unacceptable, especially given the startling statistics on motorists killed who were not wearing their seat belt. Hopefully, Del. Barlow is right and this bill will become law.

Originally posted at InjuryBoard by Jim Lewis

Norfolk Southern Faces FELA Claims From Former West Virginia Workers

Randy Appleton — Sun, 24 Jan 2010 13:33:05 GMT

Norfolk Southern learned this week that it will face two civil lawsuits from two former company employees who claim they suffered serious, disabling injuries, in part, as a result of negligence by NS. Both of the plaintiffs in the suits filed their claims in Mingo County, WV, under the provisions of the Federal Employers' Liability Act.

This video provides some basics about FELA claims:

According to a report on the lawsuit filings in the Jan. 21 Williamson (WV) Daily News, former NS trackman/machine operator Carl L. Felts is seeking $10 million from the company, and former conductor Richard A. Saunders is seeking $10 million.

An NS vehicle Felts was operating while on company business was struck by another vehicle, and Felts suffered back, neck, leg and body injuries. Felts is alleging that NS bears liability for the accident for, the newspaper notes,

failing to furnish the plaintiff with reasonably necessary and proper equipment and personal protective equipment; (not providing) proper supervision in the performance of his assigned duties, and failing to warn him of reasonably foreseeable hazardous conditions existing with defendant’s equipment. ... (And allowing) unsafe practices to become the standard practice; assign(ing) the plaintiff work plaintiff should have known would result in injury; fail(ing) to provide a reasonably safe place to work and ... not provid(ing) reasonably safe methods of work.

Saunders has made similar allegations against NS in relation to neck, back, shoulder, knee and body injuries he suffered when a trail derailed, hit and collapsed a West Virginia building on which Saunders was standing.

FELA recognizes both railroad companies' and workers' negligence as possible causes of accidents that result in injury, so Felts and Saunders will need to show that actions NS and its representatives took or did not take led to the incidents in which the men got hurt.

EJL

Originally posted at InjuryBoard by Randy Appleton

Locomotive Engine Video Cameras: Safety Mechanism or Abusive Tool Used by Rail Companies?

Rick Shapiro — Sun, 24 Jan 2010 12:16:48 GMT

Statistics show that about 50 percent of all railroad crossing accidents (about 3,000 per year) happen where there are no active warnings (no electronic lights or gates). I have heard gripes for a number of years from engineers and conductors who continue to question the railroad's use of video cameras in road engines.

While railroad management claims the video cameras are mainly to protect the company and engineers if there is a railroad crossing accident, our law firm has learned of various cases where the railroads use the video cameras, or the audio, as a disciplinary tool against a worker.

The cameras have been used to corroborate a disciplinary or rule violation against an engineer or conductor in case of a collision or accident. This is one reason that Brotherhood of Locomotive Engineers and Trainmen (BLET) along with many other engineers had grave concerns over the installation of these cameras in engines and locomotive cabs.

Yes, NS and other railroads are using the video cameras to show that the motorist is at fault in obvious crossing crashes, like where the driver goes around gates. This evidence can help the engineer and conductor in such cases.

I propose, instead of adding more locomotive cameras and video recorders, the rail companies and unions consider electronically lighted or gated railroad crossings, called "active warnings,” which many consider the gold standard for preventing railroad crossing accidents and deaths.

In the near future, positive train control and GPS technology should link any train approach with any dangerous crossing (this becomes mandatory in 2015) so at the minimum, active warning lights will illuminate at any crossing well in advance of the approach of the locomotive engine and the train.

Lighted crossings offer a real and active warning to a motorist, unlike a static stop sign or cross buck. When a motorist ignores a properly lighting active warning light, the motorist usually has no excuse for causing a collision at a railroad crossing.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard

Originally posted at InjuryBoard by Rick Shapiro

Another Wrong-Way Driver Causes Serious Car Wreck in Hampton Roads

Emily Mapp Brannon — Fri, 15 Jan 2010 15:24:53 GMT

The driver of a Ford Escape went the wrong way into the Hampton Roads Bridge-Tunnel (HRBT). Numerous vehicles were hit and there was at least one reported injury, according to The Virginian-Pilot. We don’t know the severity of the injury. The driver of the Escape was charged with driving under the influence of alcohol.

This car accident comes on the heels of two fatal car crashes involving wrong-way drivers in Virginia (VA). One of the tragic wrong-way accidents occurred on Interstate 264 (I-264) featuring a driver barreling through the HOV gates in the wrong lane on 264 and slamming head-on into a Ford Taurus. Both the at-fault driver and the driver of the Taurus died as a result of the crash, according to the Pilot.

The other fatal accident occurred on I-295 when the driver of a Dodge pickup truck went the wrong way and hit a Cadillac sedan carrying a father and his 8-year-old daughter. The father was killed and the daughter was seriously injured.

Sadly, there have been multiple instances of wrong-way drivers causing fatal car wrecks in the Commonwealth. In May 2007 and February 2006, a total of six people were killed due to a wrong-way driver.

As mentioned earlier, the driver of the Escape was charged with a DUI. If those charges hold up and the driver is found guilty, it wouldn’t be surprising if they wind up going to jail for a long time. Driving under the influence of alcohol is unacceptable and displays a level of negligence and irresponsibility that is truly disturbing. Virginia police might also have grounds to charge the driver with fleeing the scene of an accident considering the Escape hit multiple vehicles in the HRBT but wasn’t pulled over until reaching the south island, according to the Pilot.

Originally posted at InjuryBoard by Emily Mapp Brannon

CSX Repeatedly Delays Fixing Dangerous Crossing in York Co.

Randy Appleton — Thu, 14 Jan 2010 12:31:51 GMT

A CSX grade crossing near the intersection of Denbigh Boulevard and Fort Eustis Boulder in York County, Virginia (VA), is no longer a grade crossing. This is because "grade crossing" defines a section of railroad tracks that runs across a road or highway at the same level as the asphalt. This particular crossing has sunk, and, as the Daily Press reported on Jan. 10, 2010, there is no firm timeline for fixing the problem.

Grade crossings are inherently dangerous, as they often put cars, trucks and pedestrians directly in the path of oncoming passenger and freight trains. The U.S. Federal Highway Administration noted that in 2007, "incidents at public highway-rail crossings in the United States resulted in 299 deaths and 817 injuries." Installing and properly using red lights, alarms and crossing gates can help prevent crossing collisions, but even CSX acknowledges on its Web site that the safest way for trains to cross roads and highways is via underpasses or overpasses.

The FHWA estimates that nearly 140,000 grade crossings exist in the United States, however, and every one of those will never be replaced. This makes it essential for rail operators to keep their crossings in full repair and as safe as possible.

Sunken crossings create multiple hazards for drivers. First, cars and trucks must slow considerably before moving across sunken train tracks to avoid damaging their vehicles. This can lead to rear-end collisions and to following drivers unsafely changing lanes to avoid hitting vehicles in front them.

More dangerously, sunken tracks can trap cars and trucks, making it impossible for drivers to get out of the way of onrushing trains.

According to the Daily Press, CSX has cited November's nor'easter, December's holidays, and January's cold temperatures as reasons to put off raising the crossing at Denbigh and Fort Eustis boulevards. The company needs to find a way to make the needed repairs.

EJL

Originally posted at InjuryBoard by Randy Appleton