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Motorcycle Helmets and Preventing Traumatic Brain Injury

April 30, 2012 By

For decades, the proof that motorcycle helmets reduce death and prevent serious injury has been well documented. To illustrate the point further though, approximately 41% of those killed in a motorcycle accident were NOT wearing a helmet.

As far as traumatic brain injury, a common occurrence among motorcycle accident victims, motorcycle helmets are 67% effective. According to the same study from the Crash Outcome Data Evaluation System, motorcyclists not wearing a helmet were three times more likely to suffer a brain injury in the event of an accident.

Despite all the warnings and evidence of their value in the event of an accident, only 58% of motorcycle riders wear a helmet. Many simply refuse to wear a helmet when riding – all for a variety of reasons.

As far as finding a helmet that provides the protection you need, there are 2 well known standards in the U.S.

One set of standards come from the U.S. Department of Transportation. Helmets that comply with this standard have a “DOT approved” sticker affixed. The manufacturer does their own testing of course but the Transportation Department also does compliance testing and posts results online.

In a nutshell, approved helmets have a certain thickness and are designed to absorb a significant amount of energy, prevent most penetration and include a fastening system that will withstand massive force.

DOT compliant helmets will have a thick inner liner, usually a 1” thick polystyrene foam material. Although it isn’t always visible, you should be able to feel around for the inner liner. A compliant helmet will also have sturdy chin strap and rivets and will not have anything extending further than 2/10 of an inch from the helmet.

DOT compliant helmets will also include “DOT” somewhere on the outside to indicate the helmet meets U.S. DOT FMVSS 218 standards.

Other standards are issued by private organizations like the Snell Memorial Foundation and the American National Standards Institute (ANSI).

We can tell you from our work and personal experiences, motorcycle helmets are invaluable in the event of an accident. As motorcycle attorneys in Tennessee, we can think of too many stories where an owner or passenger suffered paralyzing injury and death.

There’s no doubt that if more were wearing a certified motorcycle helmet, their lived would have been saved lives or the severity of their injuries reduced.

Filed Under: Injury, Safety Tagged With: , , ,

Be Sure to Transfer your Title When Selling or Gifting a Car or Motorcycle

April 27, 2012 By

When you sell or otherwise transfer ownership of a car or motorcycle, you have to be sure you transfer the title. Neglecting to do so could have devastating consequences for you should an accident or some other event occur.

Let’s say you sell your used car to a friend of a friend. However, you forget or otherwise do not transfer the title to their name.

After they’ve taken possession, the person now driving your old car commits a crime, gets into an accident or racks up a whole bunch of parking tickets. You may be thinking “…well, that’s their problem.”

It would be if you transferred legal ownership of the property to them in a timely manner.

But if you didn’t transfer ownership before any incidents occurred, you could end up being held liable for their malfeasance.

Here at the Gilreath Law Firm, we hear stories all the time of people who didn’t transfer the title to a car or motorcycle that they sold or gifted to someone.

In the end, it cost the former owner thousands of dollars and countless hours to deal with the problem.

In Tennessee, you are required to transfer a title as soon as possible after gifting or selling a car or motorcycle. A title is essentially a legal document that shows vehicle ownership.

To complete a title transfer, you must do the following:

  1. Complete and sign the title as the “seller”
  2. Be sure the buyer completes and signs the title as the “buyer”
  3. In Tennessee, complete and sign an odometer disclosure statement with the buyer
  4. Provide the buyer with any applicable emissions testing information
  5. Take your license plate off the vehicle
  6. Give the buyer a copy of the title and the odometer disclosure statement. They will need to take these documents to their County Clerk’s office to register the vehicle in their name

Although a Bill of Sale isn’t required in Tennessee, it’s good to have one anyway to prove you transferred ownership of the vehicle in case the buyer doesn’t fulfill their obligations to register the vehicle in their name.

Again, simply giving someone the keys and letting them drive off in the sunset could wind up causing you some major problems.

Be sure to cover yourself from any potential liability by properly transferring ownership of your vehicle. Even though the process seems cumbersome, it is worth doing to ensure you’re not troubled by someone else’s mistakes.  Check out this page for complete information on transferring ownership of a car or motorcycle in Tennessee.

Neglecting this important task could end up costing you dearly. Cover your bases by properly transferring legal title to the car or motorcycle’s new owner.

 

Filed Under: Injury, Trucking Accidents Tagged With: ,

Avoiding “Structured Settlement” Scams

April 6, 2012 By

Often times, the effects from an accident go well beyond the pain and medical procedures. Often times, the financial aspect of your injury is every bit, if not more stressful.

This “financial” stress can eventually lead to depression and desperation and prompt you to make ill-advised decisions in the hopes of fixing your money situation.

One of these ill-advised moves is to work with a structured settlement company that offers immediate, lump-sum payouts. In exchange, you agree to sell the company your future payments from any settlements.

The problem of course is this comes at a pretty steep price. Typically, structured settlement companies will only offer a fraction of the money you would otherwise receive from your eventual settlement.

If you’re considering a structured settlement for whatever reason, consult with your personal injury attorney and any structured settlement professionals they’ve worked with. Or, you can speak to a trusted financial adviser on how best to sell future payments.

Here are a few things you need to consider:

  • Don’t take selling your future payouts lightly
  • Explore all other options before deciding to sell your future payouts
  • If selling is the only option or even the right option, only work with reputable companies who use a fair and transparent process

Even with laws and statutes in place, many structured settlement companies are able to push through unsavory deals. For example, many states require judicial approval for all structured settlement transactions. The court is charged with ensuring the discount rate and any fees and expenses are fair and in the best interest of the payee (..you) and his/her dependents.

So while there are some protections built in, sound advice is still key.

Structured settlement companies that help accident victims with immediate cash needs are certainly valuable, provided they follow all laws and make sure their customers are given the information they need to make an informed decision.

However, bad apples do exist so only seek out the most reputable structured settlement firms to work with.

Original story appeared in the Fall 2011 issue of The Safety Report

Filed Under: Advocacy, Injury Tagged With: , , , , ,

Defective Airbags Prove Dangerous for Many Passengers

March 29, 2012 By

When airbags were introduced, car makers and safety advocates hailed it as a seminal moment in vehicle safety, comparing them to the advent of seatbelts in the 1970s.

While airbags have helped reduce the physical impacts of car collisions, they do carry some danger.

Anyone with a newborn is certainly, or at least should be, aware that their child should be seated in the back of the vehicle. If they must sit in the front (…like in a single-cab pickup), the airbag should be disabled. Elderly folks too have to be careful around airbags since the impact of one could prove devastating.

Even though airbags have helped make cars safer, they’ve also proved to be very dangerous in the event they malfunction.

“We’ve seen a lot of cases where the person has a fender bender, the airbag goes off and hits them in the face, and they’ve lost an eye,” explains Raymond Bodiford, senior partner at the Bodiford Law Group in Orlando, Florida.

Below are some of the common malfunctions that can occur with an airbag:

  • Failure to deploy
  • Accidental deployment
  • Late deployment

While many may be familiar with the first two types of malfunctions, the third can pose serious risks as well. Late deployment basically means the airbag deploys after the accident has occurred.

“It can actually cause additional damage because the force of the accident has usually positioned the occupant too close to the airbag at the time it deploys,” explains Bodiford.

One example of defective airbags can be found in Honda vehicles built between 2001 and 2003. Starting in 2008, thousands of Honda vehicles were recalled because of a defective airbag inflator on the driver’s side. This defect was said to have caused 12 injuries and at least one death.

Since the initial recall, Honda has expanded it to include various Accord, Civic, Odyssey, CR-V, Pilot and Acura models. The most recent recall was issued by the company on December 2, 2011.

Most injuries from airbags occur in the chest area since it deploys at over 100 mph. Deploying airbags though can also cause burns. More serious injuries can occur in the neck area if the driver/passenger is of a certain height.

Although rare, deploying airbags can cause fatality. From 1990-2000, over 175 fatalities from airbags were reported by the National Highway Traffic and Safety Administration. The agency though estimates that of the approximately 3.3 million airbag deployments, more than 6,377 lives have been saved and countless injuries prevented.

Filed Under: Product Failures, Safety, Trucking Accidents Tagged With: , , , , ,

10 Things You Can Do To Avoid Distractions While Driving

March 16, 2012 By

Due to emerging technologies being adopted by the public at large, much attention has been focused lately on cell phones and distracted driving. As many as 9 states prohibit all drivers from using handheld phones while another 34, including Tennessee, have banned text messaging.

No state though has banned cell phone use outright for regular drivers. Those on learner’s permits, school bus drivers and truckers (…in Tennessee) are prohibited from using their phones while driving.

The larger issue with cell phones behind the wheel is of course distracted driving, which is considered to be the cause of many accidents. As longtime drivers ourselves, we know how cell phones can be a distraction while in traffic.

For me personally, receiving a call while driving is distracting enough!!

Below are 10 easy steps you can take to avoid being distracted while behind the wheel. Following these simple guidelines can go a long way to keeping you and your family safe on the road.

  1. Before you get in the car, turn OFF your cell phone
  2. Have a custom voicemail and let callers know you will call them back when you’re free (…and not driving)
  3. If you need to make a call, pull off the road
  4. If the call can’t wait, ask a passenger to make the call
  5. Do NOT text, surf the Internet or read e-mail while driving under any circumstance!!
  6. Be familiar with your state and local laws
  7. Before leaving on a trip, program your GPS device, review maps and read directions. Know where you’re going before you go
  8. Be sure any pets are secure before you drive
  9. Avoid heated conversations with fellow passengers
  10. Avoid any activity that can take your mind and eyes off the road

Although laws restricting cell phone use are a positive step, they don’t necessarily translate into reduced fatalities caused by distracted driving. According to a recent report from the Governor’s Highway Safety Association, no evidence that banning cell phone use while driving is effective.

However, cell phone use isn’t the only way you can be distracted while driving. Eating, talking, using a GPS, grooming, etc. etc. are all ways you can be distracted behind the wheel.

According to statistics compiled by Oklahoma Law, distracted drivers are 23 times more likely to cause an accident. Drunk drivers on the other hand are only 7 times as likely to cause one.

Put in that context, distracted driving can be quite dangerous.

In 2009, 16% of car crash deaths could be attributed to driver distraction. More staggering though, the numbers suggest up to 80% of the fatalities could have involved the distraction itself.

The important takeaway – be mindful of your safety and that of your passengers. Maintain focus on the road at all times.

If you’re involved in an accident with a distracted driver, you may have grounds for a legal claim. To learn more about your particular case, contact Nashville car accident attorneys at Gilreath & Associates today for a free consultation.

Original article appeared in the Fall 2001 issue of the Safety Report

Filed Under: Injury, Safety, Trucking Accidents Tagged With: , , ,

New Child Safety Seat Recommendations Every Parent Should Know

March 6, 2012 By

Through a better understanding of what keeps kids safe in the event of a car accident, the American Academy of Pediatrics (AAP) and the National Highway Traffic Safety Administration (NHTSA) have revised their recommendations for child safety seats.

Rather than basing their recommendations on seat type, the new guidelines are by age. They generally recommend parents keep their child in each type of seat for as long as possible before moving to the next size.

To see the differences, here are the old guidelines:

  • Under 1 year of age – required infant to be in a rear-facing seat
  • 1-4 years of age (…or up to 40 pounds) – Children can be forward-facing provided they’re in a safety seat with a 5-point harness
  • 4-8 years of age (…or 40-80 pounds) – Kids should be secured in what’s called a belt-positioning booster seat

The new guidelines are a bit more extensive and are based solely on age. Continue reading for the guidelines:

  • Under 1 year – Children should always be in a rear-facing seat
  • 1-3 years of age – Kids should stay in a rear-facing seat up until they’ve reached the seat’s maximum weight and height. Once this point is reached, they should be placed in a forward-facing seat with a five-point harness
  • 4-7 years of age – Children should stay in a seat with a five-point harness for as long as possible until they reach the maximum weight and height limitations after which they should be placed in a belt-positioning booster seat
  • 8-12 years of age – Kids should stay in the booster seat until they’re big enough (4’9”) for a seat belt to properly fit. A properly fitting seat belt should lie snugly across your child’s upper thighs, not their stomach. It will also lie snug across the shoulder and chest, not the neck and face.
  • Up to 13 years of age – AAP and the NHTSA recommend all kids ride in the back seat until they are 13 years old.

While many parents believe following their state’s regulations on child seats is enough, it’s best to do your own research.

Don’t take risks with you kids and a car accident. Anything can happen in the flash of a second.

Original story published in the Fall 2011 issue of the Safety Report

Filed Under: Safety Tagged With: , , ,

Roundabout Intersections – Are they Safer?

January 27, 2012 By

If you’ve driven around Knoxville, Nashville or an increasing number of cities across Tennessee, you likely have come across a roundabout. These circular intersections have been touted by transportation officials as a solution for reducing the severity of automobile crashes.

Many officials contend too that roundabouts reduce the number of accidents as well. Claims they reduce the total number of accidents though are in fact debatable.

A newspaper in Albany, NY for example reported that crashes increased at 15 of the 20 roundabouts in the area.

One thing though that most drivers would agree on – roundabouts can be complicated and difficult to navigate, especially when they’re new. Of the two types of roundabouts – single lane and multi-lane – the multi-lane roundabout tends to confuse drivers more.

Some roundabouts work great. Pierce Egerton, author of a commentary in The Safety Report magazine, observed one that was built at an entrance to a large shopping center. Traffic jams occurred regularly at this intersection. But a roundabout addressed these problems and traffic moves smoothly.

Egerton though says the multi-lane roundabout in his community wasn’t quite so easy. First, many drivers had a problem understanding who had the right-of-way. Also, drivers tend to approach multi-lane roundabouts much faster, which make the situation a bit more dangerous.

All in all, roundabouts do improve safety according to Federal Highway Administration numbers. At intersections where roundabouts are installed, there is more than a 90% reduction in fatalities and a 76% reduction in injuries. Data also shows that head-on, high-speed and right-angle collisions are virtually eliminated.

One thing is clear, roundabout intersections are here to stay. While they may not make sense everywhere, they definitely can make the road safer and traffic flow better in the right place.

Regardless though, safety is a paramount concern. The best defense against an auto accident is prevention.

Therefore, slow down when approaching a roundabout. Yield to pedestrians and bicyclists and at the entry to circulating traffic. Stay in your lane and signal when you’re exiting the intersection.

If it’s a multi-lane roundabout, use the left lane to turn left, the right to turn right and use all lanes to go through unless signs and pavement markings indicate otherwise. And like on a straight road, you must yield to all emergency vehicles.

Keep an eye on vehicles around and always expect someone to make a mistake.

If you find yourself in an auto accident caused by another driver in a roundabout, be it a mistake or negligence, make sure you properly report the accident. If you’ve suffered extensive injury and property damage, speak with an auto accident attorney in Knoxville or Nashville at the Gilreath Law Firm today to discuss your case.


Filed Under: Safety, Trucking Accidents Tagged With: ,