| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

Ford’s New Seat Belt Technology Hopes Prevent Serious Injuries in Auto Accidents

South Florida drivers and motorists around the country can look forward to a new innovation in seat beat technology by Ford Motor Co. Ford will introduce a seat belt-mounted air bag in its 2011 Ford Explorer back seat and, according to Ford, will be the first automaker put this technology in mass production.

According to a recent article on Yahoo Auto, the air big fits in a pocket in the seat belt. The car sends a signal to release the bag, which inflates with cooler air and more safely as compared with front air bags. The air bags are particularly situated for the safety of children. A Ford engineer responsible for its development, which has been in the works for a decade, claims that the seat belt provides even distribution across the chest, providing less chance of injury and support to the head and neck.

 

 

The New York Times reported that along with the seat belt, Ford hopes to use this and other safety features to attract new customers. Ford also has developed MyKey, which allows parents to put restrictions on their teenage drivers, radar-enable cruise control and systems for hands-free mobile phone and audio operation.

However, Ford will have obstacles to overcome. In “Ford Defective Switch Recall to Add Over 4 Million Vehicles” we reported the automaker coming under fire due to a product defect in the cruise control switch of some of its vehicles. The New York Times also noted that a survey from Carmax showed that consumers rank safety fifth out of six factors they consider the most important when purchasing a vehicle. The Yahoo Auto report also noted that belt usage in the back seat is only at a 60 percent, while overall usage of seat belts is 83 percent.

Though Ford admits the technology is expensive, their hope is to make the seat belts available as an option particularly geared towards families with small children. The price may come down if the technology expands to Ford’s other vehicles. We hope that automakers continue to develop technology in driver safety to make cars safer for everyone.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

Study: Bad Driving May be due to Genetics

Changing lanes without signaling, running red lights, driving too slow on I-95: those of us who drive every morning on the streets and highways of South Florida are familiar with these displays of bad driving. These are the very acts which lead to the many auto accidents we see every day on the way to work. However, a new study shows that the reason for such bad driving may partially lie in the variations of our genes.

According to the Sun Sentinel, a study from the University of California, Irvine, linked a gene variation among individuals, which gives them less of the brain protein related to memory retention, to performance levels in a driving simulation 20 percent worse than individuals with higher levels of the protein. However, the study noted that this was only one factor in bad driving, and that 1 in 3 people have the gene variant.

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The study, led by Dr. Steven Cramer, put 19 volunteers, ages 18 to 30, in a driving simulation. The results showed that drivers with the gene variant which limits the level of secretion of the protein brain-derived neurotrophic factor (BDNF) performed worse on the simulation and were not able to retain as much information about the simulation as the volunteers with higher levels of BDNF.

Dr. Cramer hopes that the study could help victims of auto accidents who suffer memory loss or brain trauma. However, others are hesitant to attribute bad driving to genetics.

Outside forces, such as failing to comply with the rules of the road, alcohol/substance abuse, rush-hour traffic and distractions are still the predominant causes of auto accidents, especially in busy South Florida cities such as Miami and Fort Lauderdale. Hopefully, however, more studies such as Dr. Cramer’s will continue to explore the inherent factors and ultimately point us toward solutions so that we can promote safe driving.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, AVIATION ACCIDENT, CELL PHONE USE, Uncategorized

Obama Administration Focusing on Distracted Driving, Flying Laws

By now, all of us have heard of and are following the story of the Northwest Airline pilots who earlier this month overshot their arrival to Minneapolis by 150 miles. The pilots notified investigators that they were distracted because they were using their laptops to organize crew schedules.

In a recent Sun Sentinel article, it reported that in light of the Northwest fiasco, Transportation Secretary Ray LaHood stated that the Obama administration will now expand its efforts in distracted driving to flying. According to LaHood, FAA Administrator Randy Babbitt is considering whether a uniform ban on use of electronic devices such as laptops during flight is in order.

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As the article noted, lawmakers have expressed interest in tackling the issue of distracted driving. In September, LaHood held a summit on distracted driving, inviting researchers, regulators and other experts.

So what does this mean for South Florida drivers? We have already felt the effects of the push for banning electronic devices, as we noted in “South Florida City Bans Texting while Driving” and the Cell Phone Use section of our blog. With the White House concerned about the issue, we will likely see many changes which may have a dramatic effect on the litigation of auto accidents and aviation accidents in South Florida.

At the other side of the issue, however, is the concern for a driver’s autonomy and personal freedom while on the road. Our post entitled “Does Cell Phone Use Cause Florida Accidents?” recognized that this is a position which many people take on the electronic device issue.

Ultimately, we hope that as more developments in cell phone usage unfold, the determining factor in future legislation will be to maintain the safety of both drivers and pedestrians.

| lazaruslaw-2 | 0 Comments | DEFECTIVE PRODUCTS, Uncategorized

Recall of Clothing Retailer’s Products Increases with Reports of More Deaths

Earlier in April, the U.S. Consumer Product Safety Commission announced that clothing retailer Blair recalled over 160,000 of their Chenille robes due to a flammability hazard. The robes were allegedly responsible for the deaths of six women.

In a new development, WalletPop.com reported last week that Blair is expanding the recall to 138,000 robes, tops and jackets after a total of nine women have died from wearing the products.

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So far, a majority of the deaths occurred to women while they were cooking. The CPSC attributes the malfunction due to the products’ failure to meet federal safety standards.

The CPSC also stated that the robes were manufactured by A-One Textile and Towel of Pakistan. The Los Angeles Times reported that the robes in the initial recall were labeled “100% Cotton, RN 81700, Made in Pakistan,” with the label item numbers 3093111, 3093112, 3093113, 3093114, 3093115 and 3093116, and were sold between January 2003 and March 2009.

The addition to the recall presently includes items which were sold between 2000 and 2007. A list of the defective products can be found on the CPSC’s report from October 22. If you own any of these products, you should stop wearing them immediately. Blair is offering a full refund or a $50 gift card.

If you would like more information about the product recall, you can visit Blair’s website, or e-mail Blair at [email protected].

| lazaruslaw-2 | 0 Comments | NEGLIGENCE, Uncategorized, WRONGFUL DEATH

Wrongful Death Suit Filed by Sister of Everglades Crash Victim

Last month, our posting “Plane Crash in South Florida Everglades Claims Family” described the tragic story of a South Florida family and their friend who died when their plane crashed in the Everglades. On Friday, October 16, the Sun Sentinel reported that Nanci Hirschorn is bringing a wrongful death suit against the Fort Lauderdale aviation company who serviced the plane.

Earlier in October, the Miami Herald reported that the pilot and owner of the Piper aircraft, Bruce Barber, radioed that the engine had caught fire and that there was smoke in the cockpit. Barber declined advice of air traffic control who told Barber to land in Pahokee, as the smoke was apparently dissipating. However, Barber later radioed that the plane was on fire, and disappeared from radar at about 3,000 feet.

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Hirschorn, sister of one of the passengers of the plane, Phillip Marsh, has filed suit against Schmidt Aviation Inc., claiming that the company failed to maintain a cracked valve, which caused the engine to catch fire. The valve cracked previously on three occasions.

| lazaruslaw-2 | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

South Florida Woman Dies After Receiving Liposuction at Weston Spa

Broward Medical Examiners confirmed that on Friday, October 13, Rohie Kah-Orukotan, a nurse and mother of three, died after spending two weeks in a coma after receiving liposuction at a spa in Weston, Florida.

According to the Sun Sentinel, the Miramar woman was pronounced brain-dead at some point after having a liposuction procedure on September 25 at Weston Medspa by Dr. Omar J. Brito-Marin. So far, the Florida Department of Health and the Broward Sheriff’s Office have not released the results of their investigation. The toxicology reports are also still pending, according to investigators.

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While the spa does not have a license to perform a full liposuction, they may perform a scaled down version of the procedure. Dr. Brito-Marin’s attorney stated that although the doctor was not aware of licensing issues, he only performed basic liposuction and followed all requirements under appropriate standard of care for this type of office surgery.

Our previous posting “Parents Sue for Wrongful Death of Teen While under General Anesthesia” discussed the risks involved with undergoing elective surgery. We noted how one study showed that almost one fourth percent of office-based surgeries result in death. According to a National Practitioner Data Bank Report in 2006, 73.3 percent of the NPDB reports concerned medical malpractice payments, with physicians being responsible for 235,942 of the reports, well above dentists and other types of practitioners.

The facts of this instance have yet to be determined, as officials are awaiting toxicology results and continue their investigation. However, cases such as these have become more prevalet due to the types of elective procedures now being conducted on an outpatient basis. It is up to the patient to investigate all of the qualifications of their physicians and of the facilities to ensure that they are properly licensed and qualified to perform these elective procedures.

| lazaruslaw-2 | 0 Comments | CONSTRUCTION ACCIDENTS, NEGLIGENCE, Uncategorized

$1.5 million Awarded in Lawsuit Against South Florida Contractor

A Palm Beach County parks worker was awarded $1.5 million from Master Contractors after an incident six years ago when a picnic pavilion roof fell on her. Mary Washington of Delray Beach was cleaning the pavilion at Caloosa Park in Boynton Beach when the ceiling collapsed, causing the worker injuries to her back, rendering her unable to continue as a maintenance worker.

According to the Palm Beach Post, testimony revealed that the pavilion was not properly inspected because the contractor did not get all of the required permits. The trial lasted about two weeks and the jury took about an hour and a half to render a verdict for Washington. She was awarded for lost wages and medical expenses, as well as $250,000 for pain and suffering.

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The jury also determined that the county was 20 percent at fault for the incident. However, the county will not have to pay damages to Washington since they were not named in the lawsuit.

Incidents such as these are quite disturbing, considering that so many children visit these parks every year. Palm Beach County has over 50 parks. According to Safe Kids USA, three out of four playground accidents occur in public parks, with 150,000 children visiting the emergency room every year for injuries involving playground equipment. With these dangers already in mind, visitors should not have to worry about structural failures in the parks as well. Our counties and the companies which they hire to construct or oversee our parks must do so in a responsible manner, following all safety laws and regulations.

| lazaruslaw-2 | 0 Comments | CRUISE SHIP ACCIDENTS, Uncategorized

Florida-based Cruise Ships Collide in Mexico

It was reported by the Miami Herald that two cruise ships collided on Wednesday, September 30, while docked in Cozumel, Mexico. The cruise ship accident occurred when very strong winds blew the Carnival Legend into Royal Caribbean’s Enchantment of the Seas at about 6:15 p.m. Central time.

Thankfully, both ships suffered minor damage and so far neither ship has received reports of injuries from the combined total of over 4,000 passengers. Besides the fact that many cruise lines such as Carnival and Royal Caribbean are based in South Florida, injuries on cruise ships are a major concern. As we noted on a previous blog entitled Cruise Ship Passenger Rescued off the Coast of South Florida, statistics showed that 11 million Americans took cruises last year, and that Carnival has had 38 passengers go overboard since 2000.

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Of course, passengers must also be responsible, as the Bureau of Transportation Statistics notes that there were 51 alcohol-related recreational boating accidents in Florida in 2000.

According to USA Today, spokespersons for both ships stated that the Carnival Legend sustained broken glass and some damage to the open deck, while the Enchantment of the Seas had minor damage to the stern and railings of the ship. Cleared by Mexican authorities, both ships continued their itineraries to Belize. Currently, the Carnival Legend is embarking on a seven-night Caribbean cruise out of Tampa, while the Enchantment of the Seas is on a five-night Caribbean cruise out of Fort Lauderdale.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized, WRONGFUL DEATH

Miami Beach Man Killed in Auto Accident on Florida’s Turnpike

Police identified the body of a man who was killed in an auto accident on Florida’s Turnpike as Avi Cohen of Miami Beach, Florida, according to the Palm Beach Post.

The crash occurred near Martin County at about 2:15 p.m. According to the Florida Highway Patrol, Cohen, 21, was driving a Ford Explorer when a tire blew, causing the Explorer to veer of the road and roll over. Cohen was apparently not wearing a seatbelt, was ejected from the Explorer, and died from injuries. Cohen’s passenger, Victor Cohen, was also injured in the car accident. The crash currently under investigation.

A Florida Department of Highway Safety and Motor Vehicles report showed that last year, there were a total of 5,207 seat belt violations reported by the Broward County Sheriff’s Office, with 3,286 violations reported by the Miami-Dade County Sheriff’s Office. According to a Floridadrivers.com Fact sheet, there were 2,889 traffic fatalities in Florida, of which over 59 percent of the drivers were not using available restraint systems. However, the National Highway Traffic Safety Association showed that seat belt use on highways increased to 90 percent, up from 87 percent in 2007. The consumer/safety group Advocates for Highway and Auto Safety note that lap-shoulder belts will decrease a front seat driver’s risk of fatal injury by 45 percent and the risk of moderate to critical injuries by 50 percent, depending on seating position and type of vehicle.

Campaigns for seat belt safety such as Click it or Ticket, safety advocates, and laws penalizing drivers who fail to use their seatbelts hopefully have made drivers aware of the importance of wearing your seat belt when driving. An accident causing serious injury and/ or death should not be the wake up call to abide by the law. It is clear that statistically, seat belts save lives, so please for your safety, always wear a seat belt when driving.

| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, DEFECTIVE PRODUCTS, Uncategorized

Defective Floor Mat Causes Toyota Recall of Millions of Vehicles

Toyota has announced that it will recall 3.8 million vehicles in the U.S. due to a product defect in which the floor mat can interfere with the accelerator and cause an auto accident. This is the company’s largest recall in its history, according to the Miami Herald. Previously, its largest recall was about 90,000 vehicles in 2005 due to a problem with the steering wheel.

This recall will have an impact on South Florida drivers. With so many Toyota dealerships in the Broward, Miami-Dade and Palm Beach counties, 2,217,662 in Toyota vehicle sales, and with the Prius and Camry being very popular vehicles, Florida drivers are likely to feel the affects of the recall.

The vehicles being recalled are: the 2007-2010 Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and the 2006-2010 Lexus IS250 and IS350.

 
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Toyota is working with the National Highway Traffic Safety Administration to find a solution to this product defect. Toyota expects owners to be notified as early as next week, but advises that, as a safety measure, owners should remove the floor mat from the driver’s side and not replace it. The NHTSA has already reported 102 incidents of owners claiming that the accelerator may have become stuck, although the NHSTA is unsure as to how many incidents involved a crash.

A report of a crash involving a Lexus in San Diego prompted the investigation into the vehicles. In August, California Highway Patrol Officer Mark Saylor and three others were killed in an auto accident. The NHSTA noted that the all-weather mat found in vehicle was longer than the mat the one belonged in it, which could have caused the mat to get caught under the pedal.
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