Washington DC Injury Attorney Blog

A new bill will be presented named "The Safe Rental Car Act" to the U.S. Senate sometime this year, where it states that Rental car companies are to ground any recalled vehicles within 24 hours of receiving a recall notice from the National Highway Traffic Safety Administration (NHTSA). The time limit is extended to 48 hrs if a rental company has more than 5,000 of the affected vehicles in its fleet. At times, certain recalls provide a list of temporary measures that can be taken until the complete fix is available. If such an option is made available, rental car companies are allowed to continue to rent those recalled vehicles until the replacement parts are available and distributed accordingly.

The bill, if passed, would also give the NHTSA the right to investigate rental car companies' compliance with the law. Passing the Safe Rental Car Act has its ups and downs, according to rental car companies such as Hertz, Budget, Enterprise, etc. Some rental companies say it's too hard a law to abide by because depending on the vehicle that is being recalled, rental companies might be forced to ground thousands of vehicles, which would in turn affect the customer, reduce the inventory available at each rental company and any recalled vehicles already out on loan would have to be replaced immediately.

Secondly, some recalls are less serious than others. For example, if a vehicle is being recalled for brake failure or fluid leaks or engine troubles then that recall is important and should be immediately grounded but if the recall is for a proper tire pressure label then that recall is not as important, serious or dangerous to the renter.

Lastly, rental companies, sometimes, point out that taxis do not have to follow the same legislation as rental companies, and to them, that is not fair. They consider taxis as vehicles that take a non-vehicle owner from one place to another and should therefore follow the same legislation, rules and laws as rental car companies in order to maintain the safety of the driver and passenger in these recalled vehicles.

However; if the new bill is passed, it is only for and in the best interest to the public/consumer. When renting vehicles, the rental companies are ultimately taking risks and taking responsibility for the vehicles that they are renting to the public. It is simply one of the risks that come with the rental car business.

There are about 280,000 rollover accidents reported each year, which result in over 10,000 deaths annually, according to the National Highway Traffic Safety Administration (NHTSA). Sport utility vehicles (SUV's) are more likely to rollover when involved in an automobile crash because they carry heavier loads which make them top heavy and thus more likely to rollover.

Rollover accidents occur when a vehicle is unstable when making turns and traveling at high speeds. It has to do with the relationship between the center of gravity and the track width. When there is a lot of weight on the center of gravity it can cause the vehicle to rollover when making sharp turns or sharp changes in direction. Often, rollover accidents are a result of a flaw in the design of the vehicle and/or tires, or cause by the actions of another driver.

Most often rollover accidents occur when a driver loses control of a vehicle and it causes the vehicle to slide sideways and ultimately rollover. Sometimes the vehicle can hit a curb, guardrail, tree stump, or soft and/or uneven ground on the side of the road, causing the vehicle to rollover.

Rollover accidents are among the most serious and lethal of all motor vehicle accidents. These types of accidents come suddenly and without warning. Therefore; the NHTSA introduced a rollover rating system in 2001. The system reports rollover safety in a 5 star system. 5 stars equals a rollover risk of less than 10%, while one star indicates a 40% or greater rollover risk. Make sure and analyze the 5 star rollover rating system when purchasing your vehicle.

Frequency of Car Accidents is completely unrelated to the size of the city in which you live in. A recent report released by the automobile insurance Allstate, which was conducted in various major cities has come to show that the size of the city does not directly influence the likelihood of an automobile crash. The report is titled "Allstate America's Best Drivers Report". The report states that the District of Columbia and Baltimore, Maryland have the shortest time between accidents, while Sioux Falls, South Dakota, Boise, Idaho and Fort Collins, Colorado have the longest periods between accidents. Therefore; Allstate considers Sioux Falls drivers the "safest drivers" in the United States.

Living in a larger city does not necessarily mean you are at a higher risk of being involved in an automobile accident. Car accidents are a major health hazard, regardless of where you live, because they are the leading cause of death for persons between 5-24 years of age. In 2009, 2.3 million adult drivers and passengers ended up in emergency rooms as a result of automobile crashes, according to the Centers for Disease Control and Prevention (CDC). In 2011, the U.S. saw the fewest number of automobile fatalities since 1949, but that still meant that 32,000 people were killed.

Accidents can happen anywhere and at any time. It is up to the driver to stay alert, follow driving laws, not drink and drive, wear their safety belts and not text or talk on a handheld device while driving.

The National Highway Traffic Safety Administration (NHTSA) issued a warning earlier this week about numerous counterfeit airbags that may have been installed within the last three years by repair shops. These counterfeit airbags were sold for use as replacement parts in vehicles that have been involved in automobile accidents. They look almost identical as real airbags but are extremely dangerous. Some of the dangers include: partially inflating airbags and airbags that deploy but project out fragments inside the vehicle.

Testing done by the NHTSA, on about 10 different counterfeit airbags, identified certain makes and models of vehicles to whom these counterfeit airbags may have been available to, but they believe that the issue of these counterfeit airbags affect only about 0.1 % of vehicles in the United States. That percentage means that less than 240,000 cars and trucks, on the road today, have been affected in the U.S. The only vehicles at risk are those that had an air bag replaced within the past three years at repair shops that are not part of a new car dealership or if you purchased your replacement airbag online on such sites as Ebay or other uncertified sites.

VEHICLES FOR WHICH COUNTERFEIT AIR BAGS MAY BE AVAILABLE:

As of today, NHTSA is aware of counterfeit air bags available for the following vehicle makes and models:

Make Model Year(s) Model(s)
Acura 2009-2011 TSX
Audi 2006-2009 A3, A4, A6, A8, Q5, Q7
BMW 2007-2011 X5, E70, E60, E61
2008-2010 5-series, 528i, 535i
2004-2007 5-Series, 525i, 530, 535, E60, E61
2007-2011 E90, E91
Not listed E92, E93
2007-2011 X5, E70
2004-2007 525i, 530, 535
2011-2012 X3
Buick 2010-2011 Lacrosse
Chevrolet 2011-2012 Cruze
2006-2010 Aveo
2011-2012 Volt
2012 Camaro
Ford 2012 Focus
2005-2009 Mustang
Honda 2003-2012 Accord
2006-2011 Civic
2002-2011 CRV
2007-2011 Fit
2009-2011 Pilot
2009-2011 Insight
2009-2011 Crosstour
2011 Odyssey
Hyundai 2007-2011 Elantra
Not listed Genesis
Not listed Sonata
Infiniti 2007-2011 G35, EX35
Kia 2010-2011 Soul/Forte
2004-2009 Spectra
Land Rover 2012 Range Rover Evoque
Lexus 2006-2011 IS250, IS350, IS-F
2003-2008 GX470
2007-2009 RX350
Not listed ES350
Mazda 2004 Mazda 3
2010-2012 Mazda 3
Mercedes 2009-2011 C, GLK
2010-2011 E350, E550
2007-2008 S550
2006-2009 ML
2009-2010 GL, ML
Mitsubishi Not listed Outlander
Nissan 1992-2002 Quest
2010-2011 Quest
2009-2011 Cube
2007-2011 Versa
2009-2010 Murano
Not listed Altima
Subaru 2008-2009 Forester
2008-2009 Imprezza
2008-2009 Outback
2010-2011 Legacy
Suzuki 2007-2010 SX4
Toyota 2002-2006 Camry
2012 Camry
2009-2011 Corolla, Matrix
2007-2011 Yaris
2004-2011 Highlander
2004-2011 Sienna
2004-2011 Tacoma
2010-2012 Prius
2003-2006 Tundra
2007-2011 Tundra
2003-2006 Sequoia
2003-2010 Land Cruiser
2004-2007 Highlander
2008-2010 Highlander
2004-2009 4Runner
2007-2009 Solara
2005-2011 RAV4
Volkswagen 2006-2010 Jetta
Volvo Not listed XC60, XC70
Not listed V70, S60, S80

According to a report published by the Violence Policy Center, in 2010, gun deaths outnumber motor vehicle deaths in Maryland, Virginia and the District of Columbia. Data from the Centers for Disease Control and Prevention's National Center for Injury Prevention and Control was used to complete this report.

In the District of Columbia, Maryland and Virginia (DMV) there were a total of 1,512 gun deaths in 2010 and 1,280 motor vehicle deaths. Specifically: 99 firearm deaths and 38 motor vehicle deaths in the District of Columbia, 538 firearm deaths and 514 motor vehicle deaths in Maryland, and in Virginia there were 875 firearm deaths and 728 motor vehicle deaths.

Firearm deaths, nationwide, in 2010, were 31,672 and 35,498 motor vehicle deaths. Firearms are the only consumer product sold in the United States that is not regulated by the federal government for health and safety. Automobile safety, however; has been overseen by the National Highway Traffic Safety Administration (NHTSA) since 1966.
Deaths as a result of firearm use almost equal motor vehicle deaths even though there are about three times as many vehicles on the road then firearms.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is responsible in enforcing the U.S.'s limited gun laws, but it has none of the health and safety regulatory powers as the NHTSA. The health and safety regulations of firearms are left to the individual state.

The report published by the Violence Policy Center offers a few policy recommendations in order to improve data collection on firearms violence, increase regulation of the firearms industry and to reduce gun deaths and injuries. Some of their suggestions are:

- Detailed and timely data collection of gun production, sale, use in different crimes;
- The analysis of the types, make and models of firearms that are commonly or most often associated with injury, crimes and death;
- The implementation of safety standards for firearms
- Ban the sale of non sporting purpose guns;
- Limit the firepower of guns sold to the public;
- Expand the categories of persons prohibited from owning and possessing guns;
- Implement better restrictions on the carrying of loaded guns in public places;
- Person with a history of domestic violence and mental health issues should be restricted from being able to own and possess firearms; and
- Educate the public, through campaigns, about the risks associated with firearms.

If, these suggestions are taken into consideration by local, state and the federal governments, firearms deaths could be prevented. For more information visit the various websites sited.

According to the Associated Press, older drivers are on the road more than ever before. Nearly 34 million drivers are 65 or older. By 2030, deferral estimates show there will be about 57 million, making up about a quarter of all licensed drivers.

Older drivers have the highest rate of deadly crashes per mile even though they don't drive as often as younger drivers. Measured by miles driven, older drivers crash rates begin to rise in their 70s and even more in their 80s, according to the Insurance Institute for Highway Safety.

Health Issues can also impair older drivers. Health issues such as: arthritis and dementia, slower reflexes and they also use multiple medications, which can impair their driving. On average, about 60% of seniors voluntarily cut back their driving. Most avoid driving at night, on interstates and during bad weather. Older drivers seem to have more difficulty with intersections, making left turns, and changing lanes and/or merging. This is due to their gradual decline in vision and reaction times that come with aging.

In the District of Columbia seniors are required to have more vision tests, are required to renew their licenses more often than younger drivers and starting at the age of 70, older drivers must submit a doctor's certification that they are healthy enough to drive every time they renew their licenses. In Maryland, the Motor Vehicle Administration requires all people, starting at the age of 40, to take eye exams, and in Virginia, starting at the age of 80, drivers must renew their license in person and also pass an eye exam.

The National Highway Traffic Safety Administration proposed a national guideline for older driver safety earlier this summer. The proposal recommends that every state needs a program to improve older driver safety, doctors should be protected from lawsuits id they report a possibly unsafe driver and driver's licenses should be renewed in person after a certain age. These recommendations would push states to become more consistent and have safer roads.

Maryland police officers are dying in motor vehicle accidents more than by any other reason in the last few years. As a matter of fact, according to Larry Harmel, the executive director of the Maryland Chiefs of Police Association, nine out of the last 11 Maryland Police officers that died in the line of duty were killed as a result of automobile accidents.

Just last month, Officer Adrian Morris was killed while in a high speed chase on I-95. Officer Morris was swerving to avoid hitting other cars when he lost control of his vehicle, flipped several times and was ejected from his vehicle and died. Officer Morris was not wearing his seat belt at the time.

According to the National Highway Safety Office, more than four out of 10 officers, between 1980 and 2008, were killed in the time of duty as a result of car crashes, and these officers were not wearing their seat belts at the time of their accidents.

Maryland and the District of Columbia make it mandatory for all police officers to wear seat belts while inside their cruisers/vehicles. Virginia, however, is one of the 10 states that exempt officers from seat belt laws while in the line of duty.

Therefore, all Police officers in the state of Maryland and the District of Columbia are being urged to buckle up in order to avoid preventable deaths.

In the first three months of 2012 traffic deaths in the state of Virginia have jumped by 13.5 percent, compared to last year, according to the National Highway Traffic Safety Administration (NHTSA). So far this year, there have been 403 reported automobile accident related fatalities. The reason for the higher number of deaths this year is because a lot of the automobile accidents involved multiple fatalities per accident.

The number of traffic deaths nationwide has also increased. According the to the NHTSA there have been an estimated 7,630 automobile related deaths in the first three months of 2012, making it the second largest year-to-year quarterly increase in fatalities since the NHTSA started recording traffic fatalities in the mid 1970's.

The fact that we had a mild winter also has something to do with the increase in motor vehicle accident fatalities. That is because the milder the weather the more people go outdoors and drive. Severe weather keeps people off the roads, but milder weather conditions make people want to travel more.

According to the Federal Highway Administration, vehicle miles traveled in January, February and March of 2012 increased by about 9.7 billion miles, 1.4 percent more than 2011. That means that the more miles traveled, the higher the risk of being involved in an automobile accident, therefore; drivers need to be more careful and practice safer driving, which include, but at not limited to, making sure one is buckled up, giving oneself plenty of time to get to your destination and never drive while impaired by alcohol, drugs and/or when tired.

The National Highway Traffic Safety Administration (NHTSA) reported that 4,280 pedestrians and 618 bicyclists died as a result of accidents with motor vehicles in 2010. You would think that with all the new safety technology in vehicles these alarming number of pedestrian and bicyclists deaths would be less, but they are not. That is why General Motor's (GM) is developing Wi-Fi Pedestrian Detection Technology. This new technology will be installed in GM vehicles to increase a drivers' awareness and prevent pedestrian/driver accidents.

The new Wi-Fi detection device will detect pedestrians and cyclists that carry smartphones, to drivers who carry smartphones, when the pedestrian/cyclists are in the drivers' blindspot or stepping into the roadway from behind parked cars. The communication will be directly between the smartphone of the driver and pedestrians/cyclists. The information will reach users within a second because the connection is between two wireless devices and therefore does not need to go through mobile phone towers. This new technology is said to work between two wireless devices separated by as much as two football fields in distance from one another, therefore; it should give a driver sufficient warning of a pedestrian/cyclist and ultimately decrease vehicle/pedestrian accidents in the United States.

GM is also working on a free application that can be downloaded by bike messengers and construction workers to help vehicles identify them as well.

Seizures are defined as episodes of disturbed brain activity that cause changes in attention or behavior.

The Centers for Disease Control and Prevention says there are two main types of seizures. The first is Primary Generalized seizures, which involve both sides of the brain and the second is Partial seizures, which involve smaller regions of the brain.

Suffering a seizure while driving is extremely rare, but it is far more likely to end in death than suffering a seizure anywhere else. In a 2009 report published by the National Highway Traffic Safety Administration it was determined that:

- only about 1.3% of all drivers have been involved in a medical emergency crash;

- older drivers are more likely to be involved in medical emergency crashes;

- drivers involved in medical emergency crashes usually are aware of their medical
condition prior to the accident;

- drivers who suffer from a medical condition and are involved in medical emergency crashes are more likely to be severely injured or to die as a result; and

- the most dangerous time of day for medical emergency crashes are between 6am and noon.

Therefore; drivers who suffer from seizures should contact their state's motor vehicle department to see what their rules are in regards to drivers with this medical condition. Rules vary from state to state and some states may bar you from driving for a period of time.

Lower Anchors and Tethers for Children (LATCH) system regulations will change for child safety seats, according to the safety guidelines established by the National Highway Traffic Safety Administration (NHTSA). The change in guidelines will take place in 2014. The LATCH system is designed to hold up to 65 pounds (child and car seat weight combined). The new rule is called the FMVXX 213 and will go into effect on February 27, 2014. The rule will require car seats with internal harnesses to have a label indicating the maximum child weight for using lower LATCH anchors to secure the car seat in a motor vehicle. The new label would specify a maximum child weight between 45 to 53 pounds for using lower LATCH systems.

The following vehicles have been determined to be the most dangerous vehicles on the road, according to the Insurance Institute for Highway Safety (IIHS):

1) Dodge Ram 1500; score 2/5; bad ratings: side collisions and rollover

2) Colorado Crew Cab; score 3/5; bad ratings: side collisions, rollover & rear end
collisions

3) Mazda CX-7; score 4/5; bad ratings: rollover and rear end collisions

4) Mazda CX-9; score 4/5; bad ratings: rollover and rear end collisions

5) Nissan Pathfinder; score 3/5; bad ratings: rollover and rear end collisions

6) Jeep Wrangler; score 3/5; bad ratings: side collisions and rear end collisions

7) Suzuki SX4; score 2/5; bad ratings: rollover and rear end collisions

These vehicles were deemed the most dangerous based on 4 rating categories of the IIHS tests. The categories were: (1) a front crash test where a vehicle travels at 40 mph and hits a barrier head on; (2) a side-impact crash test where an SUV type vehicle strikes the driver side of the testing vehicle at a speed of 30 mph; (3) rollover crash testing where the vehicle is hit by metal plates on the corners to determine force capacity before the vehicle rolls over; and (4) a rear-end crash test where seats and seat belts are tested for protection against whiplash and other head and neck injuries.

Consumer Reports and crash safety ratings performed by the National Highway Transportation and Safety Administration (NHTSA) and the JD Power's Initial Quality reports were also used to analyze the vehicles performance.

According to a 2009 study conducted by the National Highway Traffic Safety Administration (NHTSA), more than 50,000 bicyclists were injured and 630 of them died from automobile related accidents, therefore; before going on the road and riding a bicycle, here are a few tips:

- Always wear a helmet
- Use a bicycle that is the right size for you
- Make sure the tires are inflated to the correct pressure and that the brakes work properly
- Wear bright colors to make yourself visible to motorists
- Install rear and front lights onto you bicycle that are bright and visible
- If at all possible, avoid riding your bicycle at night.

In the United States, bicycles are considered vehicles, so cyclists are expected to follow the same traffic rules as a car driver. Therefore; here are a few rules while riding your bicycle on the street:

- Obey all traffic laws
- Yield to pedestrians
- Ride your bicycle in the same direction as traffic
- Make sure to signal when you make turns
- Be careful near parked cars as someone might suddenly open the door
- Be careful with vehicles coming in and out of driveways or side streets

For more information visit the NHTSA's website

In a study conducted at the University of Buffalo, using data from the National Fatality Analysis Reporting System (FARS) and the National Highway Traffic Safety Administration (NHTSA), it was determined that 67 percent of normal weight drivers wear seatbelts while obese drivers do not.

Drivers considered to be overweight or obese are determined by their Body Mass Index (BMI). A person who has a BMI of 25 or more is considered obese by the World Health Organization, a person with a BMI of 30-35 is slightly obese, a BMI of 35-40 is moderately obese and a BMI of over 40 is considered morbidly obese. Considering that one-third of the US population is overweight and one-third is considered obese, this is of a great concern.

Obese drivers may find it more difficult to buckle up a standard seatbelt and therefore do not wear a seatbelt as often as normal weight drivers, so that means that the heavier the driver, the less likelihood that seatbelts were used.

Not buckling up is very dangerous because it delivers more force to the body much more quickly while also increasing the chances of being thrown about the car. Therefore, morbidly obese drivers have a 56 percent higher chance of death as a result of an automobile crash than normal weight drivers.

On April 12, 2012, the National Highway Traffic Safety Administration (NHTSA) released a 98 page proposal to upgrade the current safety standards of vehicles by implementing brake-override systems in all vehicles. The proposal is aimed at preventing runaway car crashes. Federal safety administrators propose that all new cars and trucks have brake-throttle override systems. This means that a vehicles brake system would work even if the gas pedal is stuck while the driver is trying to brake (ie: sticky pedals or pedal entrapment issues), therefore; minimizing the risk of driers losing control of their vehicles in emergency situations. A perfect example of this problem is the Toyota's unintentional acceleration problems from 2009 and 2010, where Toyota vehicles were accelerating and the drivers could do nothing to stop the vehicle and therefore crashes occurred and people were injured. As a result of the acceleration problem of certain Toyota vehicles, a recall of over 10 million vehicles went into effect. The NHTSA brake-override proposal would stop that from happening ever again.

If passed, the proposed rule would go into effect September 1, 2014, but would exclude vehicles that weigh over 10,000 pounds. One of the important issues is that if this rule goes into effect, it would cost little to implement, considering that most new vehicles have the software already. Toyota, Ford Motor Company and Chrysler Group LLC already have the brake override systems in all their vehicles since 2011.