Kansas City Injury Lawyer Blog

Given the proliferation of the smartphone, distracted driving is reaching epidemic levels and there is growing concern that the problem is only going to get worse. As safety officials debate possible solutions, Kansas City Crash Lawyer Douglas Horn is spearheading driver safety initiatives that he hopes will be adopted throughout the U.S.

Horn, who is devoting a significant part of his time to driver safety, believes that changing driver's behavior is going to have to take a multi-level approach. "First, we need to enact strong driver distraction laws to send a clear message that dangerous driving habits are not going to be tolerated. As it relates to cell phones, driver education and driver safety awareness efforts must reach all segments of the population, including parents. Parents are important targets because they are the model for their children", Horn said.

This past Wednesday Horn lectured trial lawyers from across the nation about distracted driving. Horn stated, "Distracted driving is just as dangerous as drunk driving and trial lawyers should be in the forefront of this issue. If we do our job and hold those distracted drivers accountable for the harm they have inflicted, people will think twice about using their cell phone."

Horn's safety organization, Drive By Example, is doing its part to change the driving culture, especially when it comes to distracted driving. Drive By Example, through its safety partnerships, is working with law enforcement, school districts, community officials, and businesses to encourage drivers to exercise the highest degree of care and model the driving behaviors that protect themselves, their passengers, and others on the roadway.

This week Drive By Example will be at Van Horn High School taking part in a mock crash presentation and looking forward to helping with the high school's Project Grad safety initiative in May.

The month of April has been declared as National Distracted Driving Month, and throughout the month, motorists will face increased crackdowns, and harsher penalties as states around the country, including Missouri, make efforts to reduce the number of distracted driving accidents. The National Distracted Driving Month is a step in the right direction as public awareness is a solution. For more information about Drive By Example, visit www.drivebyexample.com.

The Children's Hospital of Philadelphia conducted a study with the help of State Farm Insurance to examine the risks teenagers face from head trauma in sports, car accidents, and other incidents. The overall rate of fatal car crashes, as compared to the total population, has decreased nationwide in the past five to six years. The rate has also decreased in Missouri but has slightly increased in Kansas, according to statistics compiled by the study's authors. They found car accidents to be the leading cause of head trauma among teens, defined generally as age 15 to 19.

The study authors credit stringently-enforced graduated driver's license (GDL) laws with keeping teen traffic fatality rates low in states like Arizona, Connecticut, and New York. GDL laws allow certain privileges for young drivers, increasing their ability to drive over time and as they reach certain benchmarks. This could include driving safety classes or driving practice supervised by an adult. Curfews and limits on the number of passengers a teen driver may have are common restrictions. GDL laws can also regulate drivers with physical or mental impairments who cannot safely operate a vehicle under certain conditions. Penalties for violating GDL laws typically involve license suspension.

Missouri's GDL law prohibits 16- to 18-year-old drivers, during the first six months, from having more than one passenger who is not an immediate family member, and then restricts the number to three. It also restricts driving privileges between 1:00 and 5:00 a.m.

The GDL law in Kansas is far less stringent. It allows drivers age 15 or older to drive with few restrictions if driving to or from employment or farm work. If a teen driver is not going to or from work, the law generally prevents the driver from driving between 9:00 p.m. and 5:00 a.m., and it restricts them to one non-family minor passenger. It prohibits all cell phone use while driving, except in emergencies.

The study found that the leading cause of death among teens in 2009, nationwide, was car accidents. Car accidents, including both teen drivers and their passengers, accounted for twenty percent of the 11,520 teen fatalities that year, with homicide and suicide accounting for seventeen and fourteen percent, respectively. In 2010, the total number of teen deaths in traffic, which includes teen drivers and their passengers, teen passengers in other vehicles, and teens not riding in passenger vehicles, was 3,413. This was a forty-two percent decrease from 2005's total of 5,889 fatalities.

Continue reading "Kansas and Missouri Car Accidents Are the #1 Cause of Deadly Head Trauma Among Teens, Study Finds" »

For the first time, the United States Department of Transportation is targeting automakers and their responsibility in making automobiles safer to drive, in the battle against distracted driving.

The federal agency has released a set of guidelines for automakers. The guidelines are not mandatory, but the Department of Transportation and Kansas City car accident lawyers hope that automakers will keep these regulations in mind when they design dashboards.

The federal administration's action comes because of the increasing amount of technology that automakers are making available to motorists. These technologies include voice-activated communication systems, highly sophisticated navigation systems, dashboard computers and other devices that make it possible for drivers to remain in touch throughout his drive.

Dashboard computers are turning into the latest auto craze. These computers come with touchpad screens that allow drivers to surf the Internet, check e-mail and perform dozens of distracting activities on the computer, all while driving.

The Department of Transportation wants automakers to follow certain guidelines while designing these dashboard computers. One of these guidelines recommends that automakers design dashboards that are only activated when the car is in park or stop mode. The risk of an accident involving a person's use of an electronic device would decline if he was unable to use the device while the car is in operation.

The Department of Transportation plans to release an entire set of guidelines for manufacturers of handheld communication devices. Automakers aren't exactly enthusiastic about the Department of Transportation's recommendations. They insist that any technology is introduced in automobiles only after a complete analysis of the safety of the devices, and that these guidelines are therefore, redundant.

In our opinion, auto manufacturers must show greater responsibility in the introduction of communication and entertainment technologies in vehicles. The need to meet increasing consumer demand for fancy gadgetry in automobiles must be tempered with conscientiousness.
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Attorney Douglas Horn, a Missouri car accident lawyer, has deployed "Drive By Example", a driver's safety campaign designed to reduce distracted, impaired, and reckless driving. "Drive By Example" educates driver's on the high level of care, attention, and responsibility associated with driving and analyzes the behaviors and habits that change good drivers into dangerous drivers.

American rental car companies have about 1.6 million vehicles in their fleets, according to a recent report in USA TODAY. Hundreds of thousands of these vehicles may be subject to a recall at any given time. During a 2010 recall initiated by Toyota because of problems with some vehicles' accelerator pedals, as many as 1 in 5 rental vehicles nationwide were included in the recall. This has given rise to concerns about the safety of rental company customers and others in the event of an accident caused by unrepaired defects in the vehicles. Rental companies have developed guidelines for how to handle recalls, but no consensus exists as to whether the federal government should have regulatory authority over the industry.

A bill introduced in the U.S. Congress last summer, the Raechel and Jacqueline Houck Safe Rental Car Act of 2011, would provide oversight of the rental car industry by the Federal Trade Commission (FTC) and the National Highway Traffic Safety Administration (NHTSA). The law would regulate issues related to safety defects and recalls under federal deceptive trade practice laws. Current law requires manufacturers and dealers selling new cars to fix recalled vehicles before selling them. The NHTSA has authority over manufacturers, but rental companies are not covered at all by existing law.

The bill is named for two sisters, Raechel Houck, age 24, and Jacqueline Houck, age 20, who died in a car crash in California in 2004. They had rented a PT Cruiser from Enterprise Rent-A-Car. The car was subject to a safety recall for a problem with its power-steering fluid, but the car had not been repaired and had been rented to several other consumers before the Houcks. Leaking power-steering fluid caught fire while they were driving, which caused them to lose control and crash into a tractor trailer.

The NHTSA has reportedly been investigating the industry for over a year, based on allegations of renting cars to the public that are part of a recall without first repairing them. Last month, Hertz, the second-largest auto rental company in the country, entered into an agreement with the NHTSA to give the agency oversight of their industry. Several U.S. Senators have said they plan on re-introducing the bill named for the Houck sisters.

The largest and third-largest rental companies, Enterprise and Avis Budget, have not joined Hertz in its agreement with the government. A spokesperson for Enterprise said that regulation is not necessary, as the industry has adopted new and sufficient safety standards in recent years. Avis Budget said that the new law would target rental companies while leaving taxi and limousine services alone.

Continue reading "Rental Car Industry Comes Under Scrutiny of Auto Safety Regulators and Advocates" »

The executive chairman of Ford Motor Company, Bill Ford, has made some extravagant predictions about the future of automobiles, according to a UPI report. He describes a system of automated vehicles that are linked across an electronic network. Sensors would alert individual vehicles to the proximity of other vehicles or obstacles, thus preventing collisions. Ford, the great-grandson of Henry Ford, predicts that automobiles, bicycles, and even pedestrians will share a connected wireless network by the middle of the century. For an attorney who helps people injured in automobile accidents, it raises questions of what would happen when collisions do occur.

Research into wireless technology that allows vehicles to communicate with nearby objects is advancing, gaining the support of the federal Department of Transportation (DOT). Known as V2X technology, it includes devices that allow vehicles to talk to each other (V2V) and those that connect vehicles to infrastructure (V2I) like medians, guardrails, and even buildings. DOT began a series of tests in 2011, called the Connected Vehicle Safety Pilot Program, in which drivers use V2X technology in ordinary road and highway environments. Making this technology widely available would require a tremendous investment in upgrading the existing infrastructure, since V2I technology would need to be nearly ubiquitous to be effective.

The biggest question to arise from this potential technology is how to deal with injuries or deaths when accidents occur. A 2010 study by DOT suggested that V2X technology could address up to eighty percent of the most common types of vehicle crashes. Even with highly-sophisticated sensors, though, accidents will happen. The technology simply cannot control for every conceivable road condition, weather problem, non-networked obstacle, or other unexpected event. The technology can address certain causes of car collisions, such as fatigue, distraction, and intoxication, but problems like software crashes and network overloads could simply replace those causes.

With no driver at the wheel, the principal responsible party in the standard negligence model is not there. Drivers have a duty to obey traffic laws and operate their vehicles in a reasonable and safe manner. When a driver breaches that duty and causes an accident, the law holds the driver responsible for the resulting damages. If an accident occurred due to a network error, or even simply an unexpected object in the road, the model of liability varies from unclear to entirely unprecedented.

Continue reading "Automakers Predict Cars that Drive Themselves: That Presents Some Legal Questions" »

A 21 year-old Kansas City man died in the early morning of Sunday, February 19 after a series of hit and run accidents. Two others suffered minor to severe injuries. According to police, Leon Grant was driving south on Grand Avenue when he made a U-turn near Pershing Road. He then tried to make a U-turn again, but turned in front of an oncoming SUV. The SUV collided with Grant's vehicle, and Grant sped away, heading north on Grand Avenue. The driver of the SUV called 911 while pursuing Grant's vehicle.

Grant then reportedly ran two red lights at East 19th Street and East 18th Street. While crossing East 18th Street, Grant's car collided with a BMW going east. Grant's car then hit a tow truck and spun into a parking lot. It also hit a building before it came to rest. A woman who said she is friends with the people in the BMW stopped and went to check on Grant. She reported that she found him in the passenger seat of his car, where "he took his last breath." Grant was pronounced dead at the scene.

The driver of the BMW reportedly suffered serious injuries, while a passenger suffered minor injuries. The tow truck driver was not injured. News reports do not indicate if the SUV driver sustained any injuries. Police are investigating the accident, particularly whether alcohol or drugs were involved in any way. They said that this is the eighth fatal crash in Kansas City in 2012. The city had seen five fatal crashes by this time in 2011.

The ninth fatal crash occurred later the same day. Firefighters recovered the body of a man from a burning car Sunday morning. The man apparently veered off the road while heading east on 101st Terrace. The car struck a tree and burst into flames, and the man was unable to escape. Authorities are still attempting to identify him and determine a cause of both the crash and the fire.

Continue reading "Kansas City Man Dies After a Series of Hit and Run Crashes; Another Man Dies in a Car Fire" »

Researchers have developed a video game that has been designed to help educate teenage drivers about the dangers of accidents involving distracted driving. Horn Law, and other Missouri car accident lawyers, encourage more efforts to step up awareness about the dangers of distracted driving among teenagers, and this might be a novel way to drive home the message.

The game is called Distraction Dodger, and it has been developed by the University of SA Minnesota's Intelligent Transportation Systems Institute. In the video game, players are required to make pizza deliveries, all the while battling distractions from their smart phones. They are required to use their phones to boost their business, while navigating road obstacles. Researchers unveiled the game at the Teen Safe Driving Summit in Rosemount.

Our firm handles a wide variety of distracted driving cases. Many times, when a teen driver is distracted while driving, they don't even realize that their attention is being taken away from the road. Teen drivers tend to overestimate their capacity to multitask.
Clearly, distracted driving is becoming a national epidemic and it is encouraging that efforts are being made to reach out to teen drivers, who are at the highest risk for distracted driving.

Although much of the distracted driving crisis has centered on teens, in my experience as a Missouri car accident lawyer, adult drivers are just as guilty. Whether it is checking e-mail, browsing the internet, or updating social media, adults are becoming just as dependent as teens on their Smartphones. In fact, one of the primary reasons I started the drivers safety organization Drive By Example was to alert adult drivers to the dangers of distracted drivers.

This blog was authored by Douglas R. Horn, a lawyer with over 20 years of experience in motor vehicle accident law and crash litigation. Mr. Horn is a driver's safety advocate and the founder of "Drive By Example".

Drive By Example is a safety organization with a mission to advance teen driver safety. For more information, visit www.drivebyexample.com.

As a Missouri car accident lawyer, I handle many accident cases caused by a teen driver. During the investigation stage of the case, I often find that the teen driver at fault was distracted by a passenger. Now, a new study corroborates this fact that a teen driver's risk of being involved in a collision is substantially increased by a teen passenger.

According to the study, when teenagers who said that they were distracted by something before they were involved in an accident, were surveyed, approximately 71% of male drivers said that the distractions came from their teenage passengers in the car. Among female teen drivers, 47% said that the distractions came from teenage passengers.

Another study by the Children's Hospital of Philadelphia finds certain common characteristics among teen drivers who have teen passengers in their car. According to the researchers, these teen drivers are much more likely to perceive themselves as 'thrill seekers', and perceive their parents as being unable to set rules. These teen drivers are also more likely to have a poor perception of the challenges and risks associated with distracted driving.

To help curb teen driver accidents, the State of Missouri has already enacted a Graduated Driver's License Law. Drivers with an "Intermediate License" must not have more than 1 passenger below the age of 19 in the car for the first 6 months after they receive their Intermediate License. After the first 6 months, there must be no more than 3 passengers in the car below the age of 19.

This blog was authored by Douglas R. Horn, a lawyer with over 20 years of experience in motor vehicle accident law and crash litigation. Mr. Horn is a driver's safety advocate and the founder of "Drive By Example".

Drive By Example is a safety organization with a mission to advance teen driver safety. For more information, visit www.drivebyexample.com.

A woman accused of a hit and run accident that killed a man on a Minneapolis highway is facing both criminal prosecution for vehicular homicide and a civil lawsuit for wrongful death. On the night of August 23, 2011, a car struck and killed 38 year-old Anounsone Phanthavong as he was putting gas in his stalled vehicle on the side of the Interstate 94 westbound entrance ramp. The car then fled the scene. Phanthavong was a popular chef at Minneapolis' Twin Cities Thai restaurant. Prosecutors have charged 45 year-old Amy Senser in Phanthavong's death based in large part on eyewitness accounts placing a vehicle like hers, a 2009 Mercedes ML350 SUV, at the scene of the accident.

The criminal case has generated a flurry of media reports about the evidence and motions presented so far, as well as questions and doubts as to whether Senser knew she had hit someone, whether she should be liable either criminally or civilly, and whether she was even the driver who struck Phanthavong. The case is set for trial to begin April 23, but it appears that the court will have many pretrial motions to consider first.

Witnesses have described a vehicle just like Senser's, but at least one witness described a driver who does not resemble Senser. The witness described a blond woman around 30 years of age, while Senser is a 45 year-old brunette. Police issued an alert that they were looking for a Mercedes SUV. The day after the accident, Senser's attorney directed police to her house, where they found the vehicle with damage to the front right side and a substance that looked like blood on the hood. Senser eventually admitted that she was driving the vehicle, but says she thought she had hit a piece of construction equipment.

To convict Senser of criminal vehiclular homicide, prosecutors must prove that she knew she had hit a person. Without that actual knowledge, her conduct does not fit the legal definition of "criminal" in this situation.

Phanthavong's family has also filed a civil lawsuit for wrongful death against Senser. The case recently resumed after a stay. All discussions related to the case are confidential, but it appears that the civil case will proceed alongside the criminal one. Prosecutors allege that Senser's cell phone records suggest that she was using her phone at the time of the accident. If true, this could benefit the family's lawsuit by supporting a negligence claim.

Continue reading "Alleged Hit and Run Accident Brings Both Criminal and Civil Claims" »

As hundreds of fans host Super Bowl parties, many partygoers who have partaken of alcohol will be hitting the road. To avoid a bad experience, here are some tips for the party host to help keep everyone safe.

•Encourage your guests who drink alcohol to designate a driver.

•Before kickoff, help arrange a designated driver for those quests who need one.

•Have plenty of non-alcoholic beverages and serve food throughout the game.

•Only serve alcohol to those quests over 21 years of age.

•Just like at the stadium, have a "last call" and stop serving alcoholic
drinks at the beginning of the 4th quarter.

•Keep a watch over guests who are showing signs of having too much to drink.

•Have a list of cab phone numbers or save them in your cell for convenience.

•Make sure you remind your departing guests to drive alert, buckled, and
composed. Stay extra alert for other motorists who appear to be impaired.

•Be prepared to have guests spend the night if an alternative way home
is not available.

Have a Safe Super Bowl Sunday,
Douglas R. Horn

This email is a driver's safety alert from Douglas R. Horn, Lead Attorney of The Horn Law Firm, P.C. Mr. Horn is an injury lawyer who concentrates his law practice on motor vehicle crash cases causing serious injury.

Mr. Horn also devotes a significant part of his work to driver safety issues. His safety organization, Drive By Example, is designed to influence drivers to use the highest degree of care and model the behaviors that protect themselves, their passengers, and other motorists. For more information regarding Horn Law, visit www.hornlaw.com.

A tragic auto accident that took the lives of a mother and daughter the morning of July 4, 2011 finally has some closure. The driver accused of causing the accident, 19 year-old Mexican immigrant Felix Solano-Gallardo, pleaded guilty to two counts of involuntary manslaughter on January 4. He also admitted to driving while intoxicated, with a blood alcohol content over twice the legal limit. Solano-Gallardo had given conflicting accounts to police since the accident, even refusing to confirm his real name. He is allegedly an undocumented immigrant from Mexico. He claimed several different names and ages while the criminal case progressed, be he testified in court the day of his plea that Solano-Gallardo is his real name, and that he is in fact 19 years old.

The crash occurred at about 8:30 a.m. on Monday, July 4 on Interstate 435 in Kansas City. 911 operators had already received calls about a vehicle traveling the wrong way on the highway. Solano-Gallardo had been driving south in the northbound lanes for several minutes when his white Mountaineer collided head-on with a black Impala driven by a 44 year-old woman and carrying her 11 year-old daughter. No skid marks were found at the scene, leading investigators to suspect both cars were traveling at highway speeds, around 65 miles per hour. The mother and child reportedly died instantly, and Solano-Gallardo was severely injured. The mother and daughter had been driving from their home in Belton to a Fourth of July parade in Sugar Creek.

Solano-Gallardo was taken to an area hospital. At 10:30 a.m., nearly two hours after the crash, his blood-alcohol content was reportedly .185 percent, more than double Missouri's legal limit of .08 percent. Police reported that he was "evasive" about identifying himself. He invoked his right to an attorney and remained at the hospital in serious condition. Because he was hospitalized, he did not appear before a judge until later. Prosecutors requested a $500,000 cash-only bond.

Solano-Gallardo appeared in court for his plea in a wheelchair, still recovering from his injuries. His sentencing is scheduled for March 9, when the judge could impose as much as thirty years' imprisonment. Given his suspected immigration status, federal immigration authorities will likely place a detainer on Solano-Gallardo, if they have not done so already. This is a request to local law enforcement to hold an inmate past the release date until immigration authorities can take custody of the inmate. This is done when they suspect an inmate of immigration violations. If Solano-Gallardo receives a prison sentence, he may face deportation proceedings once he is released.

Continue reading "Man Pleads Guilty to Drunk Driving in Fatal 4th of July Crash in Kansas City" »

At least two fatal traffic accidents made for a grim New Year's in Kansas City. A woman who had stopped on the side of the highway was killed when another vehicle struck her car. A toddler heading home from a New Year's Eve party with her family died after a car hit her, possibly because of non-functioning street lights. The Missouri Highway Patrol reported five traffic fatalities statewide over the New Year's holiday weekend, from 6:00 p.m. on December 30 to 11:59 p.m. on January 2. In total, troopers investigated 163 traffic accidents resulting in 75 injuries, plus 114 drunk driving arrests. These numbers are a slight increase over 2010-11's numbers, which had 157 accidents and 70 injuries. Five people died in traffic accidents over last year's holiday as well.

On the afternoon of Monday, January 2, a 40 year-old woman who had stopped her car on the right shoulder of Interstate 470 in Lee's Summit was struck by another vehicle travelling west on the highway. Her car, according to new reports, was disabled. The other vehicle reportedly drove off the road and hit her 2000 Ford. She was pronounced dead at the scene by an investigator for the Jackson County Medical Examiner. A passenger in her car sustained minor injuries. The other driver was treated for moderate injuries. All three people involved were reported to be wearing seat belts. The accident forced the closure of the entrance ramp to the highway for over two hours. Media reports do not indicate if authorities intend to file charges in connection with the case, nor have any reports indicated what factors, if any, may have played a part in the accident.

New Year's turned tragic for a family in Kansas City, Kansas. As they were crossing the street early in the morning of Sunday, January 1, a three year-old girl stopped to look for her mother. She was struck by a car and thrown about twenty feet. She sustained critical injuries and was rushed to the hospital, but she died on Monday. The driver stopped and has reportedly cooperated fully with police, and they are not expected to file charges.

Continue reading "New Year in Kansas City Marred by Traffic Fatalities" »

According to new statistics released by the National Highway Traffic Safety Administration, traffic accident fatality numbers for the year 2010 fell to record lows, ending at a total of 32,885 fatalities. That was a drop of 2.9% from the previous year, and also the lowest traffic accident fatality numbers on record since 1949. Last year, there was a decline in traffic accident deaths even though Americans drove approximately 46 billion more miles.

Missouri car accident lawyers credit this decline in accident fatalities with a number factors. Many states now have strong anti-drunk driving enforcement campaigns in place, and the numbers of alcohol-related car crashes has been dropping steadily. Additionally, safety campaigns, such as Horn Law's Drive By Example Safety Organization in Kansas City, have helped to increase seat belt use and curb distracted driving.

However, the National Highway Traffic Safety Administration also finds that more than 3,000 people were killed last year in accidents related to cell phone use while driving. Overall, 3,092 people were killed in accidents caused when someone was dialing a cell phone, sending or receiving a text message or performing any other activity related to the use of electronic communication devices while driving. The agency used a new measure to tabulate these deaths last year, so there's no way to compare those numbers with those in previous years.

Deaths caused by intoxicated drivers dropped by 4.9% in 2010. However, the number of people being killed in pedestrian accidents, and the number of motorcycle riders killed in accidents increased last year. The decline in pedestrian accidents is especially shocking, since it comes after 4 straight years of declining pedestrian accident death rates.

A multi-vehicle accident on the morning of August 5, 2010 in Gray Summit, Missouri has led the National Transportation Safety Board (NTSB) to urge states to ban cell phone use while driving. An investigation into the accident by the NTSB concluded that a pickup truck driver's frequent texting while driving, combined with fatigue, led to the accident. Two people lost their lives and thirty-five were injured in a series of collisions involving four vehicles. The pickup truck collided with the back of a semi traveling without a trailer. A school bus going the same direction then struck the pickup truck, and a second school bus struck the lead bus. The pickup truck driver and a passenger on the lead bus died. The NTSB identified multiple factors that led to the crash, but it concluded that distracted driving played a significant role. The pickup truck driver may have sent or received as many as eleven text messages in the eleven minutes preceding the crash.

As a result, the NTSB has recommended that all fifty states and the District of Columbia enact bans on all non-emergency use of portable electronic communications devices, such as cell phones, while driving. It also recommends creating a "high visibility enforcement" campaign consisting of visible and intensive enforcement of the law combined with extensive publicity and outreach. This approach has been very successful with various campaigns by the National Highway Traffic Safety Administration (NHTSA), such as their campaign to publicize and enforce seat belt laws, "Click It or Ticket."

The NTSB and NHTSA are government agencies established to promote transportation safety through research and publicity. The NTSB lacks the legal authority to create laws on its own, but its recommendations command the attention of lawmakers. It has previously supported various bans on specific uses of cell phones and other devices, including texting and driving, but now it urges a total ban on all talking and texting while behind the wheel.

The NTSB's investigation also found that the driver of the lead school bus was likely distracted by another vehicle on the side of the road, and that the driver of the second bus failed to maintain a safe distance from the first bus. It issued recommendations to the Missouri governor's office to revise safety procedures for the operation of school buses, particularly regarding driver distractions, as well as procedures for emergency evacuations of school buses.

As many as 3,092 traffic fatalities resulted from "distracted driving" in 2010, according to NHTSA estimates. Cell phone use while driving, especially texting, appears to be escalating around the country. The NHTSA estimates that one in a hundred drivers are actively using their cell phones while driving, with younger drivers doing so in even greater numbers. Stemming this tide may prove difficult. Even though 35 states and the District of Columbia have banned texting and driving, the practice continues, possibly increasing at alarming rates.

Continue reading "No More Cell Phone Use While Driving, Recommends the National Transportation Safety Board" »

Lawsuits often arise out of car accidents. People sustain injuries in a crash and need to seek compensation from the person or people responsible. Typically the responsible person is the driver at fault in the accident. Sometimes it is the auto manufacturer if the car had some defect or flaw that caused or contributed to the accident. Sometimes, the injured parties decide to sue everyone in sight, with surprising results. This is what happened to 89 year-old Oregon resident George Hinnenkamp, whose car was stolen and crashed, and who then became the subject of a lawsuit over that crash.

In June 2009, Hinnenkamp was returning to his Lorane Valley home after a trip into town, only to find his 1991 Thunderbird was missing. He reported the car stolen and waited. That night, he received a call from Oregon State Police telling him that his car had been wrecked in an accident involving alcohol. He also learned that the car thief, 35 year-old Joseph Dinwiddie, was someone he occasionally tapped for odd jobs. Dinwiddie went to prison, where he remains today, for driving while intoxicated, two counts of third-degree assault for the injuries to his passengers, and several other charges.

Here's where the story gets interesting. This past summer, the now 91 year-old Hinnenkamp learned that the two passengers from the night of his car's joyride had filed suit against both him and the incarcerated car thief, claiming $145,000 and $75,000 in damages, respectively. One plaintiff, Delano Oscar, claims "sprains or strains" in his back, neck, and elsewhere. In addition to $1,000 in medical bills, he is seeking $48,000 in non-economic damages, which usually refers to compensation for a plaintiff's pain and suffering. The other plaintiff, Nicole Cunningham, claims similar injuries as well as pelvic fractures, headaches, and dizziness. She is demanding $20,000 in medical bills plus $125,000 in non-economic damages.

The passengers allege in their lawsuits that, on the night of the crash, Dinwiddie was acting as Hinnenkamp's employee and had Hinnenkamp's permission to use the car. This issue had apparently come up during the criminal investigation and prosecution of the theft and crash. Hinnenkamp had told investigators that he had occasionally allowed Dinwiddie to use the car while performing odd jobs. Even Dinwiddie reportedly told police that night that he did not have permission to use the vehicle. The issue of whether Dinwiddie was performing job duties the night of the accident still does not explain the presence of alcohol.

Continue reading "Car Owner Sued by Passengers of Car Thief After Accident" »