N.J. Judge Rules Texter Isn’t Liable For Boyfriend’s Distracted Driving Crash

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Posted on 25th May 2012 by gjohnson in Uncategorized

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In what’s thought to be the first case of its kind in the country, a New Jersey judge ruled Friday that a woman who texted her boyfriend right before he struck — and badly injured — a couple on a motorcycle can’t be held liable for the accident.

http://www.washingtonpost.com/business/technology/nj-judge-woman-who-texted-driving-boyfriend-from-afar-isnt-responsible-for-his-car-crash/2012/05/25/gJQATT45pU_story.html#

In Morristown, Superior Court Judge David Rand dismissed claims filed against Shannon Colonna by David and Linda Kubert, who each had to have part of their leg amputated following a September 2009 crash in Mine Hill, N.J., according to the Associated Press.

Shortly before the accident, Colonna had texted Kyle Best, who was driving. As he texted her back, he hit the Kuberts on their bike. Their lawyer argued that Colonna should be held accountable for the  accident, and that she should have known that Best was driving.

In turn, Colonna’s attorney she wasn’t responsible, and could not control, when he looked at or responded to her text messages.

According to AP, in his ruling Rand said that it’s not extraordinary for someone who sends a text message to assume that the recipient “will behave responsibly.” The judge also noted that drivers face many kinds of distractions.

“Were I to extend this duty to this case, in my judgment, any form of distraction could potentially serve as the basis of a liability case,” AP quoted the judge as saying.

Best has already pleaded to charges of distracted 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.

Wisconsin Truck Driver Kills Two On Motorcyle In Accident

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Posted on 25th May 2012 by gjohnson in Uncategorized

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A tractor-trailer driven by a Wisconsin man Tuesday struck and killed two people who were on a motorcycle on a Kentucky highway. The motorcycle had stopped because of an accident in front of it.

James M. Hoerman, 60, of Antigo, Wis., was driving on Interstate 24 near Paducah, Ky., when the accident happened, according to The Herald-Sun of Durham, N.C.

http://www.heraldsun.com/view/full_story/18731653/article-Duke-grad-student–fianc%C3%A9-killed-in-Kentucky-crash

http://www.620wtmj.com/news/local/153060065.html

Jessica Caroe, 27, who was studying for an MBA from Duke University’s Fuqua School of Business, and her fiance, Robert Storrs, 30, were pronounced dead at the scene.

Their Honda Shadow motorcycle had stopped on Interstate 24 because of a traffic backup due to an accident that had taken place a bridge over the Ohio River.

According to The Herald-Sun, Hoerman didn’t slow down for the traffic. His truck clipped off the mirror on another truck, and then it hit the Honda motorcycle that Caroe and Storrs were on. They were thrown from the bike.

Hoerman then crashed into the back of a tractor-trailer that was driven by Jeremy Wuels, 31, of Carlisle, Ill., The Herald-Sun reported.

Hoerman and Wuels were taken to a local hospital, but their injuries weren’t critical.


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.

Judge To Rule On Whether Text Sender Is Liable For Crash

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Posted on 19th May 2012 by gjohnson in Uncategorized

A New Jersey judge is weighing whether a woman who texted a male friend can be held liable for a crash he had after reading her message — an accident that caused two victims to each lose a leg.

Morris County Superior Court Judge David Rand will have to rule on the case, and decide whether a lawsuit filed against Shannon Colonna by David and Linda Kulbert of Dover, N.J., should be dismissed. The case has gotten a lot of media attention, including a story on The Huffington Post.

http://www.huffingtonpost.com/2012/05/08/shannon-colonna-text-message-kyle-best-texting-while-driving_n_1501437.html

In 2009 Colonna sent a text message to Kyle Best, who was driving a pick-up truck.  Best was apparently responding to her message when he drove into oncoming traffic and struck the motorcycle that the Kuberts were riding.

Each of the Kuberts lost their left legs because of injuries stemming from the accident. They initially sued Best, according to The Huffington Post, and then added Colanna as a defendant in the lawsuit.

Colonna’s lawyer has asked Judge Rand to remove her as a defendant in the case. The attorney argued that Colonna can’t be held responsible for when Best decided to read her message, The Huffington Post reported.

Evidence shows that Best texted Colonna just before 5:48 p.m., according to The Huffington Post, and that she responded half a minute later. He messaged her back, and shorty thereafter he called 911 for help after the accident.

Best has already pleaded guilty in Montville Municipal Court to using a hand-held cellphone while driving, failing to maintain a lane and careless driving. The Huffington Post reported that Best’s sentence was a $775 fine and a requirement that he talk at 14 schools about the dangers of texting while 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.

Traffic Accidents Are The Big Killer In The Oil Indsutry

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Posted on 15th May 2012 by gjohnson in Uncategorized

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I knew that oil industry work was dangerous, but even I didn’t realize how dangerous. I’ve been tracking the many deaths that have happened when workers fall off derricks. But I didn’t realize that the largest cause of fatalities in the booming industry is highway crashes.

The New York Times this week did a story,  with the headline “Deadliest Danger Isn’t at the Rig but on the Road,” that spells out and explains the reasons why oil workers are being killed in vehicular crashes. The bottom line is that exhausted crew members are being forced to drive even after working 17 hours days, due to ridiculous exemptions that the industry has received from federal highway safety regulations.

http://www.nytimes.com/2012/05/15/us/for-oil-workers-deadliest-danger-is-driving.html?_r=3&nl=todaysheadlines&emc=edit_th_20120515

According to the well-researched Times’ story, during the past 10 years more than 300 oil and gas workers have died in highway crashes, making such accidents  the largest cause of death in the industry. The story starts out talking about one of these victims, Timothy Roth.

He was killed when he and three other crew members, tired after working as long as 17 hours, drove back to a company office in West Virginia last summer. They were almost at their destination when the driver fell asleep and the truck crashed into a pole, according to the Times.

Ironically, Roth had survived a similar crash two months before, when the driver of the truck Roth was in fell asleep and hit a pole.

The story’s main point is that unless federal regulators remove safety exemptions, which allow employees in the oil and gas industry to work longer hours than drivers in other businesses, there are going to be a lot more deaths.

That’s because there’s an oil and gas boom in this country that is boosting the economic fortunes of formerly poor towns and regions, providing jobs and tax revenue. In fact, The Times says that more than 200,000 new oil and gas wells will be drilled in the United States during the next decade.

That means a lot more oil workers, a lot more pressure to work long hours, and a lot more accidents. The fatality rate for the oil industry is already seven times the national average, according to The Times. And from 2003 to 2008, almost one-third of the 648 oil field workers’ deaths were from highway crashed, the paper reported, citing data from the Centers for Disease Control and Prevention.

The CDC said that the oil industry is becoming more dangerous because workers are doing longer shifts, inexperienced workers are being hired because of the boom, and older rigs are being used, according to The Times.

The oil industry is able to legally skirt the highway safety rules that are mandatory for other businesses. Most truckers are required to stop driving once they have put in a 14-hour workday. But in the case of the oil industry, drivers don’t have to count any time they spend waiting while another crew does its duties, yet such wait times can be as long a 10 hour, The Times reported.

These safety exemptions were granted to oil companies in the 1960s when the industry maintained that is drivers needed more scheduling flexibility, according to The Times.

There have been a number of efforts to have these exemptions voided, but the oil industry lobby is powerful, and has stopped them. Even the National Transportation Safety Board hasn’t been able to get traction on this issue.

But someone should. These exemptions need to be scrapped, for safety’s sake.

 

 

 

 

 


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.

Texas Sheriff Blasts Oil Workers For Reckless Driving

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Posted on 14th May 2012 by gjohnson in Uncategorized

A sheriff in Texas is blaming an oil boom for driving up the number of vehicular accidents in his county: He claims oil workers are reckless drivers.

The story, “Fracking Boom Blamed for Deadly Accidents,” was reported by WOIA.com.

http://www.woai.com/news/local/story/Fracking-boom-blamed-for-deadly-accidents/WFq46QTp1U-4jEWlg5HEQQ.cspx

According to the article, Kames County Sheriff David Jalufka says that accidents have soared since the oil company Eagle Ford Shale has come to town.

There were only 642 traffic citations and warnings handed out two years ago by the sheriff’s department, WOIA.com reported. But that number soared to 2,600 last year.

As the sheriff notes, Eagle Ford Shale and the oil boom have transformed Kames County into a rich area, from a poor one, according to WOIA.com. The population in the county has grown. But at what cost, the sheriff seems to wonder.

He pointed out that there have been seven fatal accidents since Jan. 1, even though even just one such death a year used to be an oddity.

Jalufka blames oil workers with driving recklessly by overloading their trucks, and even whizzing by school buses when they are letting children off, WOAI.com reported. He said he’s been told that oil industry drivers are always in a rush because “time is money,” according to WOAI.com.

The sheriff did get eight more deputies, but it’s still not enough to put the oil industry drivers in check.


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.

Female Dummies Are Helping Detroit Design Safer Cars For Women

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Posted on 10th May 2012 by gjohnson in Uncategorized

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It looks like Detroit and federal safety officials are finally taken women’s vulnerability in car accidents into account in crash testing, according to a report by ABC News.

It used to be that vehicle crash tests only used dummies that were built like men — because car makers and designers were all men.

But now, according to ABC, the auto industry has finally tumbled to the reality that females actually drive cars, as well. So now dummies modeled after women are being used in crash tests, so that vehicles can be designed with female-safety needs specifically addressed.

http://abcnews.go.com/Business/female-crash-dummies-injured/story?id=16004267#.T6yWiFLhccq

General Motors uses 200 dummies (costing as much as $200,000 each) for its crash tests, with 35 of them considered  female, ABC News reported.

The National Highway Traffic Safety Administration (NHTSA) began using female dummies several years ago, because as it turns out research shows that women are much more liable to be injured in a car accident.

“Studies show that women, having smaller bones and lower bone density, are at greater risk than men of suffering injury or death in crashes,” ABC reported. “Their less muscular necks make them more vulnerable to whiplash. In general, smaller people cannot tolerate crash forces as well as can full-sized men.”

The NHTSA offers vehicle safety ratings regarding women and men. The group’s website has a consumer shopping feature named Safercar.gov, which offers limited guidance on how well different vehicles safeguard women and men in crashes.

http://www.safercar.gov/Vehicle+Owners/

Apparently, the auto industry is taking the different safety needs  of women to heart, by designing cars that are safer  for women, ABC News reported.

A spokesman for the Insurance Institute for Highway Safety (IIHS) told ABC News that women are more likely to be hurt not only because they are typically smaller than men, but also because of the way they sit in cars. For example, because they are often shorter than men, women sit closer to the steering wheel, moving their seats forward, ABC News said.

That means if a women driver’s car is hit on the side, by a larger vehicle such as a truck, the woman’s head is often in the middle of the side window, a target for any object crashing through the glass. In contrast, a man is more likely to be sitting back more, which means he is often protected by the post between the car’s front and back doors, ABC News reported.

In 2003, the IIHS employed a female dummy for its side-impact tests. As a result of that research, changes were made to side air bags, with them moved slightly so they would do a better job of protecting female passengers, according to ABC 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.

Texas Woman Gets $24 Million Verdict In Cellphone Accident

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Posted on 7th May 2012 by gjohnson in Uncategorized

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A Texas jury has awarded $24 million to a woman hit by a Coca-Cola truck driver who was talking on her cellphone, the  Associated Press reported Monday.

http://www.insurancejournal.com/news/southcentral/2012/05/07/246574.htm

Vanice Chatman-Wilson, 37, was given $10 million in punitive damages and $14 million in actual damages by a jury in Corpus Christi last Friday, according to AP.

Chatman-Wilson now suffers from neck and back pain and had to have surgery following the 2010 accident, when her Ford Fusion was struck by a truck driven by Araceli Vanessa Cabral. According to AP,  Cabral testified that she was not aware of the danger of driving while using a cellphone.

Where has she been living, under a rock?

Coca-Cola plans to appeal the jury’s verdict. No surprise there.

The soft drink company has a policy mandating that its drivers use a hands-free device when driving and using a cellphone. Cabral claims that she was using a headset, according to AP.

That policy should be no cellphones, period. Even with a headset, drivers are distracted when they are talking on a cellphone.


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.