Issue Of Federal, Versus State, Law Debated In Buffalo Plane Crash Lawsuits

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Posted on 29th October 2011 by gjohnson in Uncategorized

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There was legal wrangling last week regarding lawsuits that were filed by families of the victims of a 2009 commuter plane crash near Buffalo, N.Y., a tragedy that took 50 lives, according to the Buffalo News. 

http://www.buffalonews.com/city/communities/clarence/article607940.ece

The company that operated Continental Connection Flight 3407 filed a motion claiming that federal law should be used for the state lawsuits filed by six families against the airline, according to the News. Those suits are being handled by New York Supreme Court Judge Frederick Marshall.

The attorney for operator Colgan Air Inc. and its parent, Pinnacle Airlines, is arguing that pilot training and testing  — a major issue in the 2009 crash — are governed by federal regulations.

But the lawyers for the survivors of the crash victims maintain that New York common law should be applied to their suits. The News wrote that under state law, Colgan was required to have acted with reasonable care.

The newspaper quoted attorney Hugh Russ, who represents on of the crash victim’s families. He charged that as part of its regular business practices, “Colgan deliberately put an unqualified pilot in the plane, and Colgan failed to train the pilot how to recover from a stall.”

Another defendant in the litigation, FlightSafety International Inc., has filed a motion seeking to have the suit against it dismissed. In the lawsuit, the company is charged with being negligent when it trained Flight 3407′s crew, Capt. Marvin Renslow and First Officer Rebecca Shaw, according to the News.

FlightSafety is accused of not training Renslow and Shaw on ways of  “stall recovery or use of the stick pusher (to avert a stall),” according to the News.      


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Driver Distraction Was Leading Cause Of New York City Car Crashes In August

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Posted on 22nd October 2011 by gjohnson in Uncategorized

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Driver distraction — be it from talking on a cellphone or texting — is a leading cause of accidents in New York City, according to data from the NYPD.

http://www.nyc.gov/html/nypd/downloads/pdf/traffic_data/cityacc.pdf

In August there were 16,784 motor vehicle accidents in the city, and roughly 11 percent of them, 1,877, were caused by “driver inattention/distraction,” the police reported.

Handheld cellphones were specifically blamed for three accidents, while hands-free cellphones were blamed for two accidents. “Other electronic device” caused five accidents, according to the NYPD data.      

The accident data was made public earlier this month for the first time under a new law that mandates that police publish information on major motor vehicle accidents, according to the New York Daily News. 

http://www.nydailynews.com/news/ny_crime/2011/10/17/2011-10-17_nypds_august_crash_stats_show_drivers_on_phone_are_major_danger_omg_just_crashed.html

“Following too closely” was called a contributing factor in 812 accidents, while “backing unsafely” caused 380 crashes. Alcohol contributed to 80 accidents, while “aggressive driving/road rage” was blamed for 60 accidents. 

The News noted that New York Gov. Cuomo in July signed a bill that sets stricter punishment for those caught texting and driving.


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

New Safety Ratings Released For Booster Seats

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Posted on 22nd October 2011 by gjohnson in Uncategorized

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Parents have some new guidance this year in terms of choosing the best booster seat to protect their child.

The Insurance Institute for Highway Safety (IIHS) earlier this month issued its new ratings for booster seats, designating a record 31 brands as “Best Bets” out of the 83 that it evaluated.   

http://www.iihs.org/news/rss/pr101311.html

The designation Best Bet means that the seat correctly positions a vehicle safety belt on a typical 4- to 8-year-old in almost any car, minivan or SUV. And one doesn’t have to spend top dollar to get one of the Best Bets: Prices for these top-rated seats range from less than $15 to several hundred dollars.

In addition to the 31 Best Bets, another five seats qualified as Good Bets, meaning they provide acceptable belt fit in most vehicles. Six boosters weren’t recommended because they don’t provide proper belt fit. The IIHS advised consumers to avoid them.

Booster seats are for children who have outgrown forward-facing child restraints. A booster should elevate a child and route the lap and shoulder belts, which are designed for adults, in the correct position to restrain a child during a crash, according to the IIHS.  Some boosters do this better than others, but the problem is that consumers can’t tell a good booster from a bad one just by comparing features or prices.

The IIHS’s booster seat ratings, initiated in 2008, are the only evaluations to tell parents which boosters do the best job of improving belt fit for children in the widest range of vehicles.

“A Best Bet means any of these top-rated boosters should work well in the family SUV or the babysitter’s sedan,” Anne McCartt, IIHS senior vice president for research, said in a prepared statement.

Engineers evaluated 62 booster models in the latest round. Twenty-one of them show up twice in the lists. These are dual-use seats, which can work as highback or backless boosters. In the ratings, each dual-use model was considered to be two separate boosters for a total of 83 seats evaluated, 11 more than last year.

The biggest group of boosters fell into a middle category, designated “check fit.” These 41 seats may provide good fit for some children in some vehicles, but not as many as Good Bets or Best Bets. Parents are advised to make sure the lap belt lies flat across a child’s upper thighs and the shoulder belt crosses snugly over the middle of the shoulder. If not, a different seat is needed.

The focus of the IIHS’s ratings is belt fit, not crash performance, and no crash tests are conducted as part of the evaluation. To assess belt fit, engineers use a test dummy representing an average-size 6-year-old. They measure how lap and shoulder belts fit the dummy in each booster under four conditions representing the range of belt configurations in real-world vehicles.

Boosters have improved a lot in recent years, according to the IIHS. In 2008 there were 10 Best Bets. That fell to nine in 2009 but soared to 21 last year after manufacturers began using the IIHS’ss test protocols as they designed and updated their seats.

“Just four years into our ratings program, parents have a wide variety of top-rated seats to choose from,” McCartt said. “Still, boosters that don’t consistently provide good belt fit outnumber the ones that do, so consumers need to keep paying attention to this issue.”

One thing consumers need to be aware of is that most dual-use boosters have different ratings for each mode, according to the IIHS. For example, 14 dual-use boosters are Best Bets or Good Bets in highback mode but are designated check fit in backless mode.

For one seat, the Evenflo Big Kid Sport, the opposite is true: It’s a Best Bet in backless mode and a check fit in highback mode.  

The Harmony Dreamtime remains the only dual-use booster that’s a Best Bet in both modes, while the Combi Kobuk Air Thru is a Good Bet in both modes.

A newcomer to the Best Bet list was the BubbleBum, an inflatable seat that’s marketed for vacations, car pools, and taxis, as well as everyday use. When needed, it can be quickly inflated by blowing into a valve at the back of the seat.

Among booster manufacturers, Harmony Juvenile Products continues to be a standout. All five seats the Canadian company currently makes, counting the Dreamtime in both modes, are Best Bets. The company is discontinuing the dual-use Baby Armor, which was a Best Bet in highback mode but not recommended in backless mode.

Diono, which recently changed its name from Sunshine Kids, bumped an existing seat, the Monterey, from check fit to Best Bet by changing the shoulder belt guide.

The new ranking applies when the dual-use seat is used in highback mode. The booster remains a “check fit” in backless mode. Consumers should look for Montereys manufactured after July 2011 to ensure they are getting the newer version.

Meanwhile, the Evenflo Symphony 65, which has been a Good Bet since 2009, now has a sister seat, the Symphony 65 e3. It has a slightly different shoulder belt guide, and that makes enough of a difference to make it a Best Bet.

“Booster manufacturers often use similar names for different seats or, in the case of the redesigned Monterey, even the same names,” McCartt said. “It’s important for consumers to look at model numbers and manufacture dates when consulting our ratings.”

 Here are the 2011 IIHS rankings:

BEST BETS

Britax Frontier 85
Britax Frontier 85 SICT
Britax Parkway SGL (highback mode)
BubbleBum
Chicco KeyFit Strada (highback mode)
Clek Oobr (highback mode)
Cosco Pronto (highback mode)
Cybex Solution X-Fix
Diono/Sunshine Kids Monterey (highback mode)
Eddie Bauer Auto Booster (highback mode)
Evenflo Big Kid Amp
Evenflo Big Kid Sport (backless mode)
Evenflo Maestro
Evenflo Symphony 65 e3
Ferrari Dreamway SP (highback mode)
Graco Argos 70 (highback mode)
Graco TurboBooster – Baldwin (highback mode)
Graco TurboBooster Elite (highback mode)
Harmony Cruz Youth Booster/Harmony Carpooler
Harmony Dreamtime (backless mode)
Harmony Dreamtime (highback mode)
Harmony Olympian/Secure Comfort Deluxe
Harmony Youth Booster Seat
Kids Embrace Dale Earnhardt Jr.
Maxi-Cosi Rodi XR (highback mode)
Recaro ProBOOSTER
Recaro ProSPORT
Recaro Vivo
Safety 1st Boost Air Protect (highback mode)
Safety 1st S1 Rümi Air
The First Years B570 Pathway

GOOD BETS

Britax Parkway SG (highback mode)
Combi Kobuk Air Thru (backless mode)
Combi Kobuk Air Thru (highback mode)
Evenflo Symphony 65
Maxi-Cosi Rodi (highback mode)

NOT RECOMMENDED

Evenflo Chase
Evenflo Express
Evenflo Generations 65
Evenflo Sightseer
Safety 1st All-in-One
Safety 1st Alpha Omega Elite

 


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Racing Champ Rick Huseman Dies In Plane Crash The Same Day Dan Wheldon Was Killed

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Posted on 19th October 2011 by gjohnson in Uncategorized

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Two stars of professional car racing were killed on Oct. 16, not just Dan Wheldon but Rick Huseman. But Huseman, unlike Wheldon, didn’t die on a racetrack.

http://www.nydailynews.com/news/national/2011/10/17/2011-10-17_2nd_racing_champion_dies_rick_huseman_offroad_truck_racer_dies_in_california_pla.html

Off-road truck driver Huseman, 38, his brother Jeffrey, 26, and pilot Daniel Hicks, 35, were killed when their small plane crashed in the Mojave Desert in California.

According to the New York Daily News, their Beechcraft Bonanza single-engine propeller plane was traveling from Las Vegas to Corona, Calif. The aircraft radioed for help and then tried to make an emergency landing.

The plane crashed about 1:45 p.m. in an abandoned water park not far from Barstow-Daggett Airport, the News reported. That was almost exactly the time that Wheldon was declared dead at a Las Vegas hospital after he sustained fatal head injuries at a multi-car crash at a local raceway.

Huseman’s website posted a message about his passing.

“Tragically, Rick and his brother, Jeff, passed away October 16th in a plane crash,” the site said. “Please keep Michelle and the Huseman family in your prayers.”

http://www.rickhusemanracing.com/

There was also a message from Les Unger, National Motorsports Manager for Toyota Motor Sales U.S.A., on Husedman’s website.

“The entire Toyota Motorsports and TRD family wish to express our condolences to the family of Rick Huseman in view of Sunday’s tragic event that claimed the lives of Rick, his brother, and the plane’s pilot,” Unger said. “Rick was an enthusiastic and extremely talented member of Toyota’s off-road racing program. He was a true champion both on and off the track.”

 Federal safety investigators are probing the accident.

 


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

SUVs Prove Less Deadly In Collisions With Cars, Study Finds

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Posted on 2nd October 2011 by gjohnson in Uncategorized

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Automakers are doing something right.

In large part due to design changes, today SUVs and pickups pose far less risk to people in cars and minivans than previous generations, a new study from the Insurance Institute for Highway Safety (IIHS) found.

http://www.iihs.org/news/rss/pr092811.html

Until recently, SUVs and pickups were more likely than cars or minivans of the same weight to be involved in crashes that killed occupants of other cars or minivans. That’s no longer the case for SUVs, and for pickups the higher risk is much less pronounced than it had been, according to the IIHS study released last week.

For example, among 1-to-4-year-old vehicles weighing 3,000 to 3,499 pounds, SUVs were involved in crashes that killed car/minivan occupants at a rate of 44 deaths per million registered vehicle years in 2000-2001. That rate dropped by nearly two-thirds to 16 in 2008-2009.

In comparison, cars and minivans in the same weight category were involved in the deaths of other car/minivan occupants at a slightly higher rate of 17 per million in 2008-2009.

Researchers attributed much of the safety improvemens to two things: improved crash protection in the cars and minivans, thanks to side airbags and stronger structures; and newer designs of SUVs and pickups that align their front-end energy-absorbing structures with those of cars.

The more compatible designs are the result of efforts by automakers, the government, and the IIHS to address the problem of mismatched vehicles.

The National Highway Traffic Safety Administration (NHTS) asked automakers to address the compatibility issue amid concern about the changing vehicle mix on U.S. roads. In response, the Alliance of Automobile Manufacturers, the Association of Global Automakers, and the Institute led a series of meetings in 2003 to come up with solutions.

Participating automakers included BMW, Chrysler, Ford, General Motors, Honda, Hyundai, Isuzu, Kia, Mazda, Mercedes, Mitsubishi, Nissan, Subaru, Suzuki, Toyota and Volkswagen.

 The companies agreed to build the front ends of SUVs and pickups so that their energy-absorbing structures would line up better with those of cars, reducing the likelihood that an SUV or pickup would override a car in a collision. Better alignment allows both vehicles’ front ends to manage the crash energy, helping to keep it away from the occupant compartments.

The automakers also pledged to strengthen head protection in all vehicles in order to improve outcomes when an SUV or pickup strikes another vehicle in the side. They accomplished this by installing more head-protecting side airbags.

“By working together, the automakers got life-saving changes done quickly,” said IIHS chief adminisrator  Joe Nolan, a co-author of the new study. “The new designs have made a big difference on the road.”

The deadline for implementing the compatibility changes was September 2009, but many of the 2004-2008 models in the study already complied. Among 2004 models, 54 percent of SUVs and pickups met the front-end requirements, and among 2007 models, 81 percent did.

For the study, IIHS researchers looked at 1-to-4-year-old SUVs, pickups, and cars/minivans in 2000-2001 and 2008-2009 and compared the number of car and minivan occupants killed in two-vehicle crashes with those models per million registered vehicle years. (A registered vehicle year is one vehicle registered for one year, two for 6 months, etc.)

The cars or minivans in which people were killed, known as crash-partner vehicles, could be of any age, size and weight. Data on crash deaths came from the federal Fatality Analysis Reporting System, and registration information came from R.L. Polk & Co.

In both 2000-2001 and 2008-2009, the number of crash-partner deaths generally went up as vehicle weight increased. This isn’t surprising since vehicle weight is a key factor in the outcome of crashes, according to the IIHS.

However, in the first period SUVs were more deadly to people in other vehicles than cars of the same weight, and pickups were more deadly than SUVs.

Between 2000-2001 and 2008-2009, the rate of crash-partner deaths declined for all weight categories of all three types of vehicles, except the relatively small group of cars and minivans weighing 4,500 to 4,999 pounds. Improvements in occupant protection in the crash partner cars and minivans helped lower the number of deaths.

The spread of electronic stability control (ESC), as well as changes in travel patterns due to the sluggish economy and high gas prices, likely also contributed to this decline.

Crash-partner death rates for pickups, SUVs and cars/minivans in 2008-2009 weren’t as far apart as they were in 2000-2001. Among 1-to-4-year-old vehicles in a given weight category, an SUV usually posed no more risk to people in a car or minivan than another car or minivan. Pickups still fatally injured people in cars and minivans at a higher rate, particularly in frontal crashes.

“Pickups lagged behind other vehicles in getting ESC, and designs of some top-selling models were slow to change,” Nolan said. ” Those facts help explain why the numbers didn’t improve as much for pickups as for SUVs. Also, pickups often carry loads, so the trucks in th bt5gjhhese crashes could be a good deal heavier than their curb weights.”

The results don’t contradict the basic physics of crashes. Size and weight are still key, and a small, lightweight vehicle is going to fare worse than a big, heavy vehicle in a crash. In general, SUVs and pickups are heavier than cars, so in that sense different types of vehicles always will be mismatched. But the study shows that, beyond weight, differences in vehicle styles don’t have to be a safety problem.

Recently calculated driver death rates for 2005-2008 models show that drivers of SUVs are among the least likely to die in a crash. That change is due largely to ESC.

“Whether you’re in an SUV or just sharing the road with one,” Nolan says, “recent improvements to these vehicles are making you safer.”
 

 


Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.