Washington DC Injury Attorney Blog

Between January 1, 2012 and January 24, 2012 there have been 11 teen automobile related fatalities in Virginia. At the same time period in 2011 there were only three. This is a huge increase that could be avoided if certain precautions were taken. The most common factors in the fatal automobile crashes are speed, distractions, alcohol, no use of seat belts and cell phone use.

Virginia safety organizations are urging teen drivers, as well as their parents, to take precautions to prevent further tragedies. Some of the precautions suggested are:
Teens:
- Obey posted speed limits;
- Do not Text, Talk or use handheld devices while driving;
- Do not drive distracted by changing radio stations, eating or by having too many passengers in the vehicle;
- Commit to driving safely;
- Always wear your seat belt.

Parents:
- Talk to your teen about the dangers of speeding and driving distracted;
- Set clear rules for driving and let them know that it is a privilege and not a right. They need to earn the privilege and that there are consequences to their actions;
- Set curfews, passenger limitations and make clear the punishment if these rules are broken.

Schools and Safety Organizations:
- Discuss the increase in teen fatalities, so that they are aware;
- Educate students on safe driving practices through interactive methods. Use visual displays, videos, guest speakers and programs;
- Post seat belt reminders and no cell phone use signs all over school property and all parking areas.

For more safety tips and information, visit the following websites: www.yovaso.net and www.blueridgecrashteams.org

The number of automobile accident related fatalities decreased by about 10 percent, according to the National Highway Traffic Safety Administration, from 2009 to 2010. In 2009, there were 549 automobile accident related fatalities and in 2010 there were only 493. The reason there was a decrease is because there are better air bags and anti-rollover technology in newer vehicles, drivers are using their seatbelts properly and more often and there has been an improvement in safe-driving campaigns in the state of Maryland, according to the AAA Mid-Atlantic.

Another factor for the decrease is that Maryland police officers and other law enforcement officers have been cracking down more on drunk drivers. Repeat offenders have had to install start up kits/breathalyzer machines in their vehicles that do not allow the vehicle to start/turn on if there is alcohol in their system.

Also, speed limits are followed more by drivers because of red light and speed cameras all over the state of Maryland. Therefore, drivers are respecting the speed limit in certain areas more. Another factor is that in the state of Maryland it is prohibited to use a handheld device while driving. Be it for talking on the phone, texting, viewing messages or communicating through media outlets while driving.

When you consider all these factors, one can better understand how there has been a 10 percent decrease in automobile accident related fatalities in Maryland. One can only hope that there has been a bigger decrease in 2011.

The University of Virginia researchers used information gathered by the National Highway Safety Administration on over 45,000 crash victims in a ten year span, to show that women have a higher risk of injury during car crashes in the United States. Their study was published in late October of this year. The study showed that on average, women are up to 5 and a half inches shorter then men, weight about 35 pounds less then men and drive sedans (more then SUV's). With these factors in mind it was determined that 47% of the over 45,000 crash victims were women who suffered severe injuries.

The researchers determined that men have more neck strength and are more muscular over all then women. Also, men sit differently in vehicles and therefore; their heads fit better against the head restraints in vehicle then women. Car safety devices, they determined, are designed largely for men, therefore women are at higher risk for injuries.

In the meantime, researchers at the University of Virginia are instructing women to continue to use seat belts properly and maintain proper seating posture.

The Office of Odometer Fraud Investigations (OFI) was established in 1984 and consists of four regional offices, staffed with a criminal investigator and an administrative support staff. Their mission is to reduce the cost of vehicle ownership by stopping odometer fraud.

When purchasing a used vehicle one must consider the safety of the vehicle. Things such as safety belts, air bags, brakes and the like, but one must also consider the vehicle's odometer. A vehicle's odometer is used to determine the wear and tear of the vehicle and if this has been altered or tampered with then it can affect your safety. Some sellers tamper with odometers, and therefore you buy a vehicle thinking it is much newer and safer then it really is.

The OFI is responsible for making sure that odometers are not tampered with or rolled back. The organization works hard at tracking down crime rings that continuously purchase high-mileage vehicles, alter their odometers, and resell them.

Therefore, when purchasing a used vehicle make sure and compare the odometer mileage with maintenance and inspection records. You should also consider the wear and tear of the vehicle with the mileage of the vehicle. Most dealerships can also provide you with a CARFAX report when purchasing a vehicle, and you can review the report for the vehicles history and prior ownership.

47 percent of people killed in rollover accidents are ejected from their vehicles, according to a Reuters report. Ejections from rollover accidents account for most fatalities. Most ejections occur through the side windows of vehicles.

Rollover accidents account for one third of all crash fatalities. That is about 10,000 deaths per year over the past 10 years, making them the deadliest of all motor vehicle accidents. This is one of the most important reasons why the National Highway Traffic Safety Administration (NHTSA) has come up with new air bag requirements.

The NHTSA is requiring manufacturers to enlarge side curtain air bags, make them stay inflated longer and make them deploy in all types of serious accidents. These new requirements are designed to save lives, by creating another barrier to ejection from vehicles, even when windows are down or when drivers and passengers are not wearing their seat belts.

In 2013 the new air bags will begin to appear in vehicles and be in full implementation by 2017. The new air bag rules will apply to vehicles weighing 10,000 pounds or less. The implementation of these new air bags will cost the manufacturer an average of $31 per vehicle, but it is predicted that the new rule will save an average of 373 lives and 476 serious injuries per year.

Air Bags are not soft like pillows. In order for them to work and save lives, they come out of the dashboard at about 200 miles per hour, faster than the blink of an eye. The force of the air bag can hurt people who sit too close to it.

Child Safety:
- Children 12 and under should not ride in the front seat. They should ride buckled up in the rear seats.
- Infants in rear facing child seats should never ride in the front seat of a vehicle.
- All children under the age of 12 should ride in the rear seat and in approved child safety seats, according to their age and size.
Adult Safety:
- Every adult should buckle up with a lap and shoulder safety belt.
- The lap belt should be worn under the abdomen and low across the hips. The shoulder belt should come across the collar bone, away from the neck, and come across the breast bone.
- Both driver and front seat passenger seats should be moved as far back as practical, specially, for shorted people. Keep as much distance as possible between you and the airbag.

Public/Private Partnerships of automobile manufacturers, insurance companies, child safety seat agencies, health professionals, and child health and safety organizations together make up the Air Bag Safety Campaign, whose focus is on driver, passenger and child safety. They came up with a simple to teach and simple to remember air bag message they call the ABC's:
Air bag Safety -
Buckle Everyone!
Children in Back

In Summary, children under the age of 12 are safest when properly restrained in the back seat of vehicles. When a child under the age of 12 is properly restrained in the back seat they are up to 29 percent safer than those children that sit in the front seat.

For more information, please contact the Air Bag Safety Campaign at (202)625-2570 or the National Highway Traffic Safety Administration (NHTSA) Auto Safety Hotline at (800)424-9393 or www.nhtsa.dot.gov

On February 23, 2011, the U.S. Supreme Court ruled that plaintiffs can pursue product liability lawsuits against automakers that used lap-only seatbelts, even though federal regulations deemed them to meet the minimum standards of safety.

The new ruling will allow for wrongful death lawsuits to be brought against all car manufactures. The ruling also opens the doors to discussions over other products that only meet the minimum federal safety standards in the United States.

The new ruling will also push the automobile industry away from meeting the minimum of safety standards and move them more towards using the best available safety technology.

The U.S. Supreme Court decision was unanimous and was written by Justice Stephen Breyer.

The Emergency Nurses Association (ENA) released a report in early October 2010 that shows that the two safest roadways are in Washington and Oregon, according to their 2010 ENA National Scorecard of State Roadway Laws. The District of Columbia has a score of 12, Maryland a score of 11 and Virginia a score of 9.

The 2010 ENA National Scorecard ranks states based on 14 types of legislation that address such things as seat belt use, motorcycle helmet requirements, devices to prevent drunk driving and cell phone use laws. States receive one point for each type of legislation they currently have. Oregon and Washington both had a score of 14, making them the safest roadways to travel in the United States.

Date collected by the Centers for Disease Control and Prevention (CDC) show that someone dies in a car crash in the US every 12 minutes and someone is injured, taken to and treated in an emergency department for injuries as a result of an automobile accident every 10 seconds. These injuries and deaths are preventable through roadways laws and enforcement of these safety laws, it is the passing of these safety laws that save lives.

Twenty six states and the District of Columbia have passed or enacted laws that prevent the entering, sending, reading or otherwise retrieving data for all drivers using wireless communication devices (i.e.: cell phones). 5,474 people died in 2009 as a result of distraction-related automobile accidents, according to the National Highway Safety and Transportation Administration (NHSTA). This means that 18% of annual fatalities are a result of distracted drivers nationwide.

To view the full 2010 ENA National Scorecard and State Roadway Laws report please visit www.ena.org.

Here are some helpful hints to keep your child safe while riding in your vehicle:

1) Always use a Child Safety Seat.

2) Use the Correct Child Safety Seat for your child. Make sure you are using the right one based on your child's age and weight. Young children should ride in rear facing seats, while older children use forward facing seats and booster seats.

3) Be knowledgeable about your Child Safety Seat. Make sure the seat is installed properly and read the owners manual in case you have any questions or concerns about the safety seat. Also, most local fire departments offer child safety seat installing programs. All you need to do is take the child seat to your local fire department and they will instruct you on installing the safety seat properly.

4) Register your Child Safety Seat. By completing the registration card and registering your safety seat, you will be notified by the manufacturer should there be any problems and/or recalls on your specific model.

5) Love your baby. Children need more support than adults. Use a rear facing seat that offers additional head and neck support for babies up to 22 pounds.

6) Use a Booster Seat. Once your child has outgrown the Safety Seat make sure and continue the safety of your child with the use of a booster seat. These seats allow the child to use the lap and shoulder belts already in place in your car in a safe manner. Booster seats help position the belt across your child's chest rather than his/her neck.

7) Use Seat Harnesses Correctly. Harnesses should be in slots at or below the shoulders for rear facing seats and at or above the shoulders for forward facing seats. These harnesses should lie snug and in a straight line across your child.

8) Obey Safety Seat Belt Laws. Each state in the US has different laws on seat belts and child seats, so make sure and obey the law in your state. Also, if you travel, make sure and be aware of the laws in and around the state where you are traveling to.

9) Ask the Experts. You can learn how to correctly install your safety seat by attending local passenger safety clinics. These events are held frequently and are usually advertised in your local paper.

10) Search for more resources on Child Safety online at the National Highway Traffic Safety Administration (NHTSA) website or by calling 866-SEAT-CHECK.

5 Tips to keeping teen drivers safe while driving:

1. Buckle up - make sure a seat belt is worn at all times when behind the wheel. The AAA-Mid Atlantic has done extensive research and has proven that when a lap and/or shoulder belt is used it reduces your risk of being involved in a fatal traffic accident by 45%.

2. Passenger Limit - the fewer passengers in a vehicle the more attentive the teen driver will be while driving. The fewer passengers in a vehicle the fewer distractions the teen driver has and the safer he/she will drive.

3. Maintain Speed Limit - speed limits are determined by road conditions and teen drivers must know to obey the posted speed limits, especially during inclement weather conditions.

4. Do not use cell phone while driving - In the state of Maryland, it is now illegal for anyone under the age of 18 with a provisional driver's license to talk on a cell phone while driving. MD, DC and VA also have strict laws on texting while driving. Therefore, it is best to just have the teen driver not use a cell phone for any purposes while driving; and

5. Do Not allow Driving at night - Studies by the AAA-Mid Atlantic and the National Highway Traffic Safety Administration (NHTSA) show that the most dangerous time for new drivers to be on the road is at night. Therefore do not allow your teen to drive at night unless its an emergency.

The Centers for Disease Control and Prevention (CDC) conducted a study that shows; that the costs associated with injuries from automobile crashes is more that $99 billion a year, nationwide. These costs include medical care costs and loss of productivity costs. Of this, $58 billion was due to fatalities, $28 billion for nonfatal injuries that required hospitalization, and $14 billion was for people treated as outpatients at hospitals. The study was released in August 2010. According to the National Highway Traffic Safety Administration (NHTSA), this number increases considerably when you factor in higher insurance premiums, taxes and delays in travel, to nearly $230.6 billion. Grant Baldwin, Director of the CDC's Division of Unintentional Injury Prevention said, "This study highlights the magnitude of the problem of crash-related injuries from a cost perspective."

Injuries to occupants of motor vehicles, is about $70 billion, motorcyclist $12 billion, pedestrians $10 billion and Cyclists $5 billion.

Injuries and deaths from traffic accidents, however, have been falling. The lowest level since 1961 occurred in 2008, but traffic accidents are still the 9th leading cause of deaths worldwide. It is expected that by the year 2030 deaths caused by traffic accidents will become the 5th, surpassing diabetes, HIV/AIDS and Heart Disease. In the United States, 15 to 16 fatalities as a result of traffic accidents occur per every 100,000 people.

Motor vehicle-related injuries and deaths are preventable in the United States, if more laws were implemented that require helmets for motorcyclists, stricter seat belt, drug, alcohol and texting laws, as well as increasing teen rules until the age of 18.

The National Highway Traffic Safety Administration (NHTSA) is spending over 13 Million on ads and teaming up with about 11,000 police agencies for Labor Day Weekend. It is reported by the government that there are about 17 million drunk drivers a year in the United States, much of which have deadly results.

David Strickland, Administrator for the NHTSA said, "We have got to go more to close the gap between believing that drunk driving is a threat and actively doing something about it."

The message in Virginia is clear: "Drunk Driving, Over the Limit, Under Arrest."
A government survey conducted in 2010 shows that 1 in 5 people admit driving just two hours after drinking, while a quarter of drunk drivers report drinking at least 3 times a week. The survey also shows that 1 in 10 people knowingly get into a vehicle with a drunk driver.

The Director of the Maryland Highway Safety Office, Mr. Vernon Betkey, said, "If we eliminated drunk driving on our highways, and also had 100 percent seatbelt usage, we would cut the amount of fatalities we have by one half."

The National Highway Traffic Safety Administration (NHTSA) announced today that they have proposed a rule that would require motorcoach buses to have lap/shoulder belts installed while traveling between Washington, D.C. and New York, in order to lessen the risk of riders being through about in the event of a crash.

Motorcoach buses are defined as; "intercity, tour, or commuter buses having a gross vehicle weight rating of more than 26,000 pounds that seats at least 16 passengers and has at least two rows of forward-facing seats behind the driver." according to Ray LaHood, Transportation Secretary of the NHTSA.

The rule would not include urban transit buses and large school buses. The NHTSA says that fewer crashes resulting in the ejection or fatality of passengers occurs less on urban buses. Small school buses (less than 10,000 pounds) will be required to have lap/shoulder belts beginning on January of 2011.

According to NHTSA officials, up to eight lives would be saved and 114 to 794 injuries prevented each year if the installment of lap/shoulder belts was implemented on motorcoach buses. Federal data shows that 19 motorcoach passengers are killed each year. The installation of the belts would reduce the risk to passengers by 77%. The NHTSA is committed to saving lives and making sure that travelers reach their destinations safely.

This proposed rule is open for public comment for the next 90 days and would go into effect three years after the rule is passed.