Family Of Deliveryman Struck By Texting Teen Plan To File Suit

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Posted on 22nd September 2010 by gjohnson in Uncategorized

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 The survivors of a Brooklyn deliveryman, who was mowed down by a teenager who was distracted by texting, plan to sue and refuse to take him off life support, the New York Daily News reported Wednesday.

 http://www.nydailynews.com/ny_local/brooklyn/2010/09/22/2010-09-22_kin_of_deliveryman_left_braindead_by_texting_driver_wont_pull_plug_vow_suit_stil.html

Tian Shen Lin, 53, sustained severe brain injury when his scooter was struck Sunday by a Camry driven by Nechama Rothberger, 19. She was texting on her cellphone when she struck Lin, who was making a delivey for his family’s Chinese restaurant. 

The family has already hired an attorney to file suit against Rothberger, according to the News, and they are still praying that Lin will recover. He is still undergoing tests, but quite frankly, it would be a miracle for Lin to recover.  

A Word To The Wise: Stay Buckled Up During Your Next Flight

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Posted on 22nd July 2010 by gjohnson in Uncategorized

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There’s a reason why flight attendants and airline captains tell you to keep your seat belt on at all times.

At least, that’s the obvious lesson to be learned from this week’s incident where 21 people were injured when their United Airlines plane hit violent turbulence while flying over Missouri.

http://www.usatoday.com/news/nation/2010-07-22-turbulence22_ST_N.htm

The National Transportation Safety Board is conducting an investigation to figure out what happened Tuesday evening when United Airlines Flight 967, on its way from Washington Dulles International to Los Angeles, encountered serious turbulence over Missouri.    

http://www.cnn.com/2010/TRAVEL/07/22/flight.turbulence.probe/

The Boeing 777 landed in Denver, and 21 people from the plane were sent to local hospitals for treatment for injuries to their heads, necks and backs. The group that got treatment included 17 passengers and four flight attendants.

USA Today did a comprehensive story on turbulence, which the paper says is the leading cause of severe midair injuries apart from fatal crashes. And most serious injuries, such as spinal damage, occurred when airlines passengers weren’t wearing their seat belts, according to the paper’s research of federal statistics. 

In the case of Flight 967, in what must have been a horrifying scene passengers were tossed around like dolls. A witness said one woman’s head struck the side of the cabin so hard that left a crack above the window. Another passenger was thrown out of her seat and hit the ceiling.  

The United Airlines pilots had been warned by air-traffic controllers that they were flying neat thunderstorms. And the plots had put on the seat belt sign and told people the plane might hit a rough patch of air, according to United Airlines spokeswoman. 

“Turbulence can create violent bucking, making passengers and heavy beverage carts weightless, then slamming them onto walls, ceilings or the floor,” USA Today wrote.

USA Today dug up a lot of interesting figures. For example, from 1980 through 2008 five people were killed and 298 were badly hurt in turbulence, according to the Federal Aviation Administration. Four of them were wearing their seat belts, the rest hadn’t buckled up.

And of the 22 people last year who sustained bad injuries, including broken bones, on flights 15 were due to turbulence, says the National Transportation Safety Board.

That’s not all of the dangers of turbulence. A female Continental Airlines passenger was paralyzed in April last year when she disobeyed the seat belt sign and announcements and went to the lavatory.

It may be tempting to take your seat belt off while you’re flying, but keep it on, for your own good.

 

Transportation Department Proposes Texting Ban for Truck, Bus Drivers

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Posted on 4th April 2010 by gjohnson in Uncategorized

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The U.S. Transportation Department proposed to make permanent a ban on texting by interstate truck and bus drivers, with the agency trying to cut down the number of accidents by cutting down on driver distractions. http://www.google.com/hostednews/ap/article/ALeqM5gFP1DYVH_F_STKnQ7PqSkRAK3RkQD9EPQER02

The proposal is essentially following up on the action taken in January by Transportation Secretary Ray LaHood, who ordered an interim texting ban for the drivers of commercial trucks and buses over 10,000 pounds. Those who violate the ban could have criminal or civil penalties imposed on them.

According to the Transportation Department, 5,870 people died and 515,000 were hurt in 2008 in crashes linked to driver distractions, typically cellphones or other mobile devices, according to the Associated Press. The District of Columbia and 20 states now ban drivers from texting. The Associated Press story cited a frightening statistic from a study by the Federal Motor Carrier Safety Administration. It found that drivers who text take their eyes off the road an average of 4.6 seconds out of every six seconds of texting. If a car is traveling at 55 miles per hour, that means the driver is going the length of a football field without looking at the road.

That’s some pretty sobering data.

President Obama has already signed an executive order, effective the end of last year, that tells federal employees not to text message while behind the wheel of government vehicles.

Why States Shouldn’t Be Too Hasty Raising Their Speed Limits

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Posted on 18th March 2010 by gjohnson in Uncategorized

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Highway speed limits continue to get higher, with Virginia last week becoming the most recent state to raise its limit to 70 mph. In fact, now 34 states have speed limits of 70 mph or more, prompting The Wall Street Journal Wednesday to call 70 mph “the new 55.” http://online.wsj.com/article/SB10001424052748704688604575125510326010610.html?mod=WSJ_hpp_sections_lifestyle

Virginia’s new governor, Bob McDonnell, had made increasing the speed limit on rural roads to 70 mph from 65 mph one of his priorities. And 70 mph isn’t the top of the scale for speed limits. Idaho, New Mexico and Nevada have speed limits up to 75 mph on some rural interstates.

It seems to us that higher speed limits are a bad idea. People seem to want to behave foolishly behind the wheel, be it by using a cellphone, engaging in amorous behavior or trying to turn around and discipline an unruly child. And when foolish moves are made at 70 mph, the consequences are a lot worse than if a vehicle is traveling at 55 mph.

Proponents of the higher speed limits maintain that drivers should be trusted to use their own judgment as to what speeds they should be traveling at, depending on the weather and other conditions.

After the Arab oil embargo in 1973, 55 mph was set as the national speed limit in an effort to save gasoline. That limit was increased to 65 mph in 1987, but a GOP-controlled Congress totally scrapped the national speed limit in 1995.

There is data both for and against raising speed limits. The Federal Highway Administration, for example, blamed roughly 30 percent of the 37,261 highway fatalities in 2008 on people exceeding speed limits, according to The Journal.

On the other side of the argument, advocates of higher speed limits note that deaths and fatalities are down in the United States, even though speed limits are up.

We’ll end on this note. The GPS maker TomTom did a study that found that when cruising on an open highway, American drivers tend to clock in at about 70 mph – never mind what the posted speed limit is.

Travis Barker’s Friend’s Family Gets $12 Million Settlement In Fatal Plane Crash

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Posted on 12th March 2010 by gjohnson in Uncategorized

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The survivors of Travis Barker’s friend, Chris Baker, will receive a $12 million settlement in a wrong death suit stemming from the 2008 plane crash that killed four people, according to TMZ. http://www.tmz.com/2010/03/10/travis-barker-chris-baker-jet-crash-wrongful-death-settlement-estate/

Clay Lacy Aviation, Rubber Learjet and Goodyear Tire will ante up $7,625,000 to Baker’s widow, Otilia Villar Baker, and $4,375,000 to his 3-year-old son Sebastian.

The legal documents that TMZ obtained said that the son’s settlement money will pay for annuities, which will pay him $17.4 million over his lifetime.

Barker and his fellow band member Adam Goldstein survived the crash, which took place after their Learjet plane unsuccessfully tried to take off from an airport in South Carolina.

Baker, another friend and two pilots died in the crash.

Nascar Gives Slap On The Wrist For Retaliation Crash

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Posted on 11th March 2010 by gjohnson in Uncategorized

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Nascar officials promised this year to make racing more aggressive, “a full-contact sport,” to keep wavering fans interested. And they seem to be intent on fulfilling that mission, big time.

Tuesday the sport’s officials only gave probation, essentially just a slap on the wrist, to a driver who deliberately wrecked another driver’s car. The three-race probation was given to Carl Edwards over his retaliatory actions Sunday at the Atlanta Motor Speedway against Brad Keselowski. http://www.nytimes.com/2010/03/10/sports/autoracing/10nascar.html?ref=sports

Some had argued that Edwards’ actions warranted a suspension.

Edwards hit Keselowski’s car, sending it airborne and propelling it into a wall. Edward “took Keselowski out,” as The New York Times put it, following an earlier crash Sunday that took Edwards out of contention.

Veteran driver Kyle Petty called the probation penalty “a laughable punishment.”

But there are many who applauded what seems to be Nascar’s call to blood this season, including the mere probation penalty for Edwards. Some argued that Edwards had merely tried to take Keselowski out of contention in the race, not wreck his car.

Keselowski wasn’t hurt in the crash, but he had asked for Nascar to penalize Edwards for his retaliatory actions.

What on earth does a probation mean when you are talking about assault with a deadly weapon? Does NASCAR not realize that that is what they are dealing with when someone intentionally drives something with that much power into another human being? So if he kills someone in the next three races, then he is trouble? But after that, it is OK?

Texting Driver Crashes Into Tractor Trailer

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Posted on 26th February 2010 by gjohnson in Uncategorized

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A Pennsylvania teenager was texting when she hit a tractor trailer on Route 158 in Wilmington Township, according to police.

http://www.sharonherald.com/local/local_story_055225711.html

The woman, 18-yar-old Clarice Edinger, was driving northbound, and while she was texting on her cellphone her car drifted in the southbound lane. She struck a truck, driven by 58-year-old Eugene Bennick of Clymer, N.Y., that was carrying milk.

Bennick couldn’t avoid hitting Edinger’s car. After the collision, the truck went up an embankment and stopped 150 feet from the highway. Edinger was taken to St. Elizabeth Health Center for treatment.

Belgium’s Head-On Collision Of Two Trains Kills 18

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Posted on 16th February 2010 by gjohnson in Uncategorized

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A head-on collision of two trains in Belgium killed at least 18 people and injured 55, and those figures may not be the final counts.
http://www.cnn.com/2010/WORLD/europe/02/15/belgium.train.crash/?hpt=Sbin

The accident is being called the worst rail crash in Belgium in 25 years.

The crash took place in Halle, during the morning rush hour at 8:30 a.m. local time and 2:30 a.m. Eastern Time.

Railway operators Infrabel and SNBC said they didn’t know yet what caused the accident.

It took 30 minutes for rescue crew to get to the scene.

The number of those killed or hurt seemed tentative at best. At one point the mayor of Halle said that 20 passengers had died.

As the full extent of this tragedy is assessed, we hope that the issue of brain injury will get the attention it deserves. As we commented at length in our blogs after the Jamaica Air Crash, brain injury is virtually assured in accidents of this severity, even with those who walk away from the crash.

See:
http://www.tbilaw.com/blog/2009/12/christmas-miracle-in-jamaica.html
http://www.tbilaw.com/blog/2009/12/followup-to-injuries-in-jamaica-air.html

One Year and 34 Lawsuits Later, Controversy Over the Fatal Continental 3407 Crash in Buffalo Continues

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Posted on 12th February 2010 by gjohnson in Uncategorized

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On the first anniversary of what may be one of the most senseless accidents in air history, 34 lawsuits have been filed stemming from the crash of Continental Connection Flight 3407, which killed 50 people. http://www.dailyrecord.com/article/20100212/UPDATES01/302120012

Survivors of some of the victims killed in the Feb. 12, 2009 crash, which killed 49 on board the plane and a man in the house it crashed into near Buffalo, N.Y., planned to take four-hour walk today to commemorate the tragedy. http://www.nj.com/news/index.ssf/2010/02/families_to_walk_in_honor_of_v.html

Jeffrey Skiles, the co-pilot of the “Miracle on the Hudson” flight, was take part in the walk, which will go from the crash site in Clarence, N.Y., to Buffalo Niagra International Airport. The flight originated in Newark International Airport.

The goal is to “complete the flight” on behalf of the loved ones killed in the accident.

Since the crash, spouses and children of the crash victims have filed suit against Continental Airlines and Colgan Air, the regional airline that was operating the flight on behalf of Continental. The other defendants include Colgan parent Pinnacle Airlines, plane manufacturer Bombardier Aerospace and FlightSafety International, which helped train the pilots.

The victims’ families are seeking compensation for negligence, wrongful death and punitive damages.

The National Transportation Safety Board (NTSB) Feb. 2 that the pilot’s faulty response, over-correcting, to a low-speed warning resulting in the plane crashing into a home and creating a fireball five miles from the Buffalo airport.

The pilot of Flight 3407 was distracted, seemingly more interested in flirting and chatting with his young female first officer. He was also making fast-food wages, $16,000; had failed three flight exams and had no sleep the night before the fatal flight.

The NTSB made 25 safety recommendations after its probe into the crash to the Federal Aviation Administration, which will evaluate them.


The Associated Press did a critical story Friday questioning whether enough has been to done to prevent future accidents involving regional carriers, which is says now make up half of domestic departures. http://www.latimes.com/business/nationworld/wire/sns-ap-us-faa-airline-safety,0,7865987.story

FAA chief Randy Babbitt has said he is “very pleased with the progress” and safety measures his agency has taken since the crash, but many are critical and don’t think enough has been done. Those include members of Congress and the NTSB, according to the AP story.

For example, some legislators and survivors of the crash victims want flight experience for co-pilots increased to 1,500 from 250 hours. Airlines and flight schools have balked at that suggestion.


The FAA has requested public input on whether commercial pilot certification should be changed. http://www.courthousenews.com/2010/02/11/Federal_Regulations.htm

Bus Collides With Metro Train In Houston

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Posted on 11th February 2010 by gjohnson in Uncategorized

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There is a cause of action in many accident cases called negligent entrustment. With respect to the kind of accident described here, the claim is that the owner of the vehicle should not have allowed the person who caused the accident, to drive the vehicle at all. This Houston bus accident will likely raise that issue.

A Houston bus driver who allegedly ran a red light and hit a Metro train Monday was suspended without pay, according to the Houston Chronicle. http://www.chron.com/disp/story.mpl/hotstories/6859080.html

Reginald Rideout, who was treated and released from a hospital after Monday’s accident, will be under suspension while a probe o the crash is conducted.

According to Metro officials, 50-year-o1d Rideout has had three accidents.

The crash earlier this week injured nine people, and Metro service was temporarily suspended.