Defective Airbags Prove Dangerous for Many Passengers

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.

Two Separate Truck Accident Cases Award Multi-Million Settlements

In recent months, two separate truck accident cases concluded with pretty substantial jury awards – one for $3 million in Florida and the other for $7 million in Arkansas. Both accidents led to fatalities.

The first case in Florida involved the family of Julio Rentas Jr., a 33-year old man who was killed on Interstate 95 in Flagler County in 2009. The federal jury in U.S. District Court ruled in the family’s favor, awarding $ 3 million.

Rentas’ case involved a collision between two tractor-trailers. Another truck driver, Betty Ann Tucker, was driving for Williamston Distributors. As she was attempting to merge onto the highway from an emergency lane, she failed to yield the right of way. Doing so caused Rentas (…who was driving a tandem tractor-trailer) to hit the back of Tucker’s truck.

Ms. Tucker testified that an emergency light had come on in her cab and she pulled off the road to investigate. She then accelerated down the emergency lane to try and re-enter the right lane of the highway. She testified she saw lights approaching but figured they were far enough away.

Besides testimony, the jury was presented with information claiming Tucker had been on duty for 19 hours, well over the 14-hour “Hour of Service” limit established by the Florida Motor Carrier Safety Act.

The next case, this time in Arkansas, concluded with a $7 million federal court jury award to the family of a truck driver who was killed when his truck collided with another truck in northern Arkansas. Roger Reagan was driving for Maverick Transportation was hit by Morgan Quisenberry, who was driving for Dunaway Timber Company.

Traveling west on US Hwy 62 near Yellville in Sept. 2008, Quisenberry’s truck crossed into the eastbound lanes and collided with the truck Reagan was driving. His family showed Quisenberry to have been on the road longer than U.S. Department of Transportation rules allow and contended he was fatigued.

Additionally, records proved that the driver had a bad record and was not an experienced commercial driver.

Numerous studies have shown driving while fatigued to be as dangerous as driving under the influence of alcohol.

Accidents involving large trucks can be especially devastating, even if you’re in a similar type vehicle. If you or a loved one has been adversely affected by an accident with a large truck, you may be entitled to compensation for medical costs, lost wages and pain and suffering.

To discuss your case further, contact truck accident attorneys at the Gilreath Law Firm in Nashville and Knoxville today.

Original stories published in the Jere Beasley Report

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Personal injury attorneys at Gilreath & Associates offer years of legal experience, compassion, and commitment for the welfare of our clients. Our record of success in 12 states throughout the Southeast speaks for itself.  The skilled, highly experienced injury attorneys at Gilreath & Associates know how to achieve the positive legal outcomes you need to move on with your life.  We also know that compassion counts.  We are committed to our clients, and fight for them every step of the way because we genuinely care about their welfare.

Are you seeking legal representation? Contact the experienced legal team at the offices of Sid Gilreath for a knowledgeable evaluation of your case.

 

Transportation Safety Board Seeks Sweeping Rules on Truckers & Cell Phones

Large trucks and buses pose significant risks to drivers in smaller passenger vehicles…big rigs and buses harder to control and require the driver to be extra careful and alert. One distraction that can, and has led to some major accidents, is cell-phone use while driving.

In light of this, a total ban on cell phone use is being proposed by the National Transportation Safety Board (NTSB) for millions of bus and truck drivers. The change would be the most sweeping since mandatory seat belt rules were introduced some decades ago.

But considering the ban would cover BOTH hand-held and hands-free devices, many think it goes too far…CB radio use will not be affected by the ban. Currently, there are federal rules on the books banning truckers and bus drivers from texting while driving. Many states have banned hand-held cellphone use while driving.

The full ban was endorsed by the NTSB after it was determined a fatal crash in Kentucky last year was caused by a trucker who was distracted by his hands-free cellphone. Some studies show users of hands- free devices have a tendency to pay more attention to the phone rather than the road.

Drivers and trucking groups though disagree that hands-free devices should be banned. Lynn Murphy, a 66-year old trucker from St. Louis, says truckers shouldn’t use their phones while driving but sometimes have to so they can get directions or instructions.

Cell phones though aren’t the only source of distraction for trucker drivers that pose significant dangers to other drivers on the road.

Mobile technology is something truckers are increasingly using to check-in with their dispatchers, manage their cargo and plan routes. Rather than paper logs, drivers now log their time through a tiny computer mounted in the cab.

Technologies like this certainly help the driver, but can pose distraction if they’re using these devices while driving.

Distracted driving – whether from a large truck or another car on the road – is one of the biggest dangers facing drivers on the road today. If you or a loved one has been involved in an accident caused by a distracted driver be sure you understand your rights and obtain any compensation for injuries and damages afforded to you under the law.

New Trucking Regulation to Protect Against Repeated Hours of Service Violations

According to a press release from the Federal Motor Carrier Safety Administration (part of the United States Department of Transportation), an important regulation affecting interstate commercial truck and bus companies goes into effect June 1st, 2012.  This regulation will require that those agencies having significant patterns of hours-of-service (HOS) violations must install electronic on-board recorders (EOBRs) in their vehicles.

How will this impact trucking safety?

According to the National Highway Traffic Safety Administration (NHTSA), a person is killed or injured in a truck accident every sixteen minutes in the United States.  Truck driver fatigue is often a contributing factor in many of these accidents.

Tennessee truck accident lawyers at Gilreath & Associates know that truck drivers, by law, may only work for a certain number of hours before they must take rest breaks.  Drivers must also record the hours that they work in log books, and those books may be used as evidence in the event of a lawsuit.

However, it has long been believed that truck drivers and their agencies often falsely record such hours of work, stating that the drivers drove fewer hours than they actually did.  This allows assigned routes to be completed faster, resulting in less time lost to the driver, and more money for the trucking industry, all at the expense of safety.

Such practices result in more fatigue-related accidents.  The new rule requiring that EOBRs be attached to certain commercial vehicles means the number of hours drivers spend operating their vehicles will be automatically recorded.  As a result, truck operators and their companies will no longer be able to falsely record hours in their logbooks.  It is hoped that this regulation will encourage drivers to take the required number of rest breaks for an appropriate duration, thereby reducing the number of fatigue-related accidents.

Contact a Tennessee truck accident lawyer today

The Tennessee truck accident lawyers at Gilreath & Associates want to help resolve your legal issues.  You can count on our compassion, experience and skill to pursue a positive outcome for your case. Gilreath & Associates is a member of the Association of Interstate Trucking Lawyers of America. Sid Gilreath is a national board member. AITLA is a national association of committed lawyers who have joined together to improve roadway safety by working to eliminate unsafe and illegal interstate trucking practices. Don’t fall for the claims of attorneys promising fast cash and no hassle. Contact us or call toll free: 800-637-7024 for an experienced Tennessee truck accident attorney.