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March 16, 2010

Filed under: accident florida, attorney philip deberard, auto recall, honda — admin @ 4:04 pm

Honda Brake Recall: 410,000 Vehicles

DETROIT (AP) — Honda Motor Co. will recall more than 410,000 Odyssey minivans and Element small trucks because of braking system problems that could make it tougher to stop the vehicle if not repaired.

The recall includes 344,000 Odysseys and 68,000 Elements from the 2007 and 2008 model years.

Honda said in a statement that over time, brake pedals can feel “soft” and must be pressed closer to the floor to stop the vehicles. Left unrepaired, the problem could cause loss of braking power and possibly a crash, Honda spokesman Chris Martin said.

“It’s definitely not operating the way it should, and it’s safety systems, so it brings it to the recall status,” he said.

The National Highway Traffic Safety Administration has reported three crashes due to the problem with minor injuries and no deaths, Martin said. Honda notified NHTSA of the recall on Monday, he said.

Honda has traced the problem to the device that powers the electronic stability control system, which selectively brakes each of the wheels to keep the vehicles upright during an emergency situation.

When the device, called a “vehicle stability assist modulator,” tests itself when the vehicles are started, it allows a small amount of air into the hydraulic brake lines. Over time, an air bubble in the lines can cause a loss of braking power and require that the pedal be pushed farther toward the floor than normal to stop the vehicles, Martin said.

“Although not all vehicles being recalled are affected by this issue, we are recalling all possible units to assure all customers that their vehicles will perform correctly,” Honda said in a statement.

Under the recall, which Honda said it volunteered to do, Honda said that owners should wait to get a letter from the company before scheduling a repair because the parts are not yet available. Letters should go out toward the end of April.

Drivers who fear that they’ve lost braking power should have their dealer check the brakes sooner, Martin said. The dealer can “bleed” air bubbles out of the hydraulic lines, which should fix the problem until the parts arrive for the final repair, he said.

Honda technicians will put plastic caps and sealant over two small holes in the device to stop the air from getting in, Martin said.

The automaker is still preparing a list of affected vehicles. After April 19, owners can determine if their vehicles are being recalled by going to this web site or by calling (800) 999-1009, and selecting option number four.

March 1, 2010

Lawmakers take texting-while-driving debate to Tallahassee
By LAURA FRAZIER | The Tampa Tribune

No fewer than a dozen bills that address cell phone use and texting while driving in the Sunshine State are on the table in Tallahassee this week, as lawmakers gather for the start of the 2010 legislative session.


Florida House Web site

PLANT CITY – You won’t catch Rich Glorioso texting behind the wheel while he treks to Tallahassee.

Glorioso is one of 20 state representatives so far to co-sponsor House Bill 41, introduced in October by Rep. Doug Holder, R-Sarasota. If passed, the bill would ban Floridians from sending or receiving electronic text messages while driving.

“I don’t even like to talk on the phone while I’m driving if it’s a heavy conversation,” Glorioso said. “And texting… it’s so distracting it’s as if you become a passenger in the car that you’re supposed to be driving.”

No fewer than a dozen bills that address cell phone use and texting while driving in the Sunshine State are on the table in Tallahassee, where lawmakers will gather Tuesday for the start of the 2010 legislative session.

Nineteen states and the District of Columbia have banned texting while driving, and the AAA Foundation for Traffic Safety is on a mission to have legislation in place by 2013 for nationwide restrictions.

The driving force behind the battle for the bans: a litany of studies that show a swell in the number of motorists who text or talk on the phone behind the wheel, and a rash of crashes reportedly caused by drivers engaged in the practice.

According to the U. S. Department of Transportation, distractions from mobile devices contribute to 6,000 deaths each year on America’s highways.

Some states with mobile device bans allow the use of hands-free or Bluetooth devices. Not everyone is convinced, though, that the hands-free option is a safer approach.

Studies cited in reference to several bills under consideration contend that any kind of electronic communiqué while driving can induce inattentional blindness. The phenomenon, commonly documented in psychological literature, occurs when a person who is focused on a task at hand – in this case, texting or talking on a phone – fails to register an object that suddenly appears in their line of sight – such as a stop sign, a red light or an oncoming car.

Aside from safety issues, there may also be political and financial implications for lawmakers deciding whether to back such bans.

Sen. Charles Schumer (D-NY) introduced a bill in July that would require all states to ban texting while driving, or else lose 25 percent of their allocated federal highway funds. During a Transportation Department summit in September, Rep. Holder from Sarasota told lawmakers Florida’s portion at stake comes close to $196 million.

Glorioso said a nationwide initiative might be overkill. He favors a plan at the state level that would consider texting while driving as a secondary offense, with enhanced penalties.

“If you go through a stop sign or get into an accident while you’re texting, you pay an enhanced fine,” he said.

There are few published evaluations of state driving laws related to cell phones, according to the AAA Foundation. Such laws could be tough to enforce as a primary offense, particularly given the popularity of hands-free and Bluetooth devices that can’t be seen in use from outside the vehicle.

That’s why Glorioso thinks a secondary offense law is the way to go.

“The key is enhanced penalties,” he said. “If you make ‘em strong enough, that will be a deterrent.”

App Disables Text Function While Driving

Fewer than 5 percent of drivers age 45 or older who responded to a AAA Foundation For Traffic Safety survey admitted to texting while driving, but more than half of those aged 18 to 24 said they did. It’s a big concern for parents who send novice drivers out on the road.

A new application available on some cell phones and mobile devices could tame teens’ temptations to text behind the wheel.

The app, Textecution, uses GPS technology to disable texting when the phone is travelling faster than 10 miles per hour. The feature is restored once the speed is slower than 10 mph.

To learn more, go to http://www.textecution.com.

Cell Phone Laws

•A jurisdiction-wide ban on driving while talking on a hand-held cell phone is in place in seven states (California, Connecticut, New Jersey, New York, Oregon, Utah, and Washington) and the District of Columbia. Under the Utah law, violators are only charged with a secondary offense for using a cell phone if they also commit another moving violation, other than speeding.

•Cell phone use while driving a school bus is prohibited in 17 states and the District of Columbia.
The use of all phones by novice drivers is restricted in 21 states and the District of Columbia.

•Text messaging is banned for all drivers in 19 states and the District of Columbia. Novice drivers are banned from texting in nine states (Delaware, Indiana, Kansas, Maine, Mississippi, Missouri, Nebraska, Texas and West Virginia). School bus drivers are banned from texting in one state, Texas.

•Local jurisdictions may need state authority to ban cell phones. Localities that have enacted restrictions include: Oahu, Hawaii; Chicago; Brookline, Mass.; Detroit.; Santa Fe, N.M.; Brooklyn, North Olmstead, and Walton Hills, Ohio; Conshohocken, Lebanon, and West Conshohocken, Pa.; Waupaca County, Wis.; and Cheyenne, Wyo.

Source: Insurance Institute for Highway Safety

Reporter Laura Frazier can be reached at (813) 627-4767

February 22, 2010

NHTSA CELL PHONE POLICY DRAFT

The wireless communications industry has grown at an extraordinary rate in recent years. There are currently more than 170 million cell phone subscribers -more than half of the US. population. According to a National Highway Trafic Safety Administration survey, 6% of daylight driving time – up fmm 4% in 2000 – involves talking on the phone.
However, NHTSA’s position is that the primary responsibility of the driver has always been to operate a motor vehicle safely. It is a task that requires full attention and focus. Statistics show that all distractions, whether associated with the use of technology or not, can increase the risk of a crash.
NHTSA estimates that driver distraction contributes to about 25 percent of all police reported traffic crashes. Though all distractions are a concern, we have seen the growth of a particular distraction, namely cell phone use while driving. While the precise impact cannot be quantified, we nevertheless have concluded that the use of cell phones while driving has contributed to an increasing number of crashes, injuries and fatalities.

A significant body of research worldwide indicates that both hand-held and hands-free cell phones increase the risk of a crash. Indeed, research has demonstrated that there is little, if any, difference between the use of hand-held and hands-free phones in contributing to the risk of a crash while driving distracted. Hands-free or hand-held, we have found that the cognitive distraction is significant enough to degrade a drivers’ performance.
We recommend that drivers not use these devices when driving, except in an emergency. Moreover, we are convinced that legislation forbidding the use of handheld cell phones while driving may not be effective in improving highway safety since it will not address the problem. In fact, such legislation may erroneously imply that hands-free phones are safe to use while driving.

February 18, 2010

76 percent of hit-run collisions in PSL involve parked car

tcpalm.com

The likelihood of drivers in Port St. Lucie stopping or leaving a ‘sorry’ note on your windshield if they hit your car is not very good, according to new Allstate claims data.

Seventy-six percent of Port St. Lucie hit-and-run collisions involved a parked vehicle.

While most states, including Florida, require a driver responsible for an accident with an unattended vehicle to notify the owner, such as leaving a note, some do not. Allstate recommends drivers always leave a note, including an explanation of what happened no matter how visible the damage.

Nationally, 69 percent of the country’s hit-and-run collisions involved a parked vehicle. The data is for the largest 200 cities.

Some other Florida cities:

City…………………Percentage Hit While Parked

Cape Coral………..84

Fort Lauderdale…..82

Tallahassee………..80

Orlando……………..63

Miami………………..60

Tampa……………….59

For more information about the hit-and-run report, log onto http://www.allstatenewsroom.com

January 8, 2010

$850,000 Paid by Shopping Plaza Owner & Okeechobee Utility Authority to Okeechobee Woman

A shopping center owner and a water company recently learned an important business lesson from Attorney Philip DeBerard. The two businesses had to pay an Okeechobee woman $850,000 because of their negligence regarding safety standards and their failure to prevent hazardous conditions.

In February 2004, Patti Simmons’ vehicle was parked behind the Okeechobee Plaza shopping center, owned Royal & Sons, Ltd. As Ms. Simmons walked to her vehicle, she unknowingly stepped into an uncovered water meter hole, causing her to fall after a heavy rain storm flooded the dark, un-illuminated parking lot, creating a hazardous situation.

The meter opening should have been covered with a plastic lid to protect pedestrians, but the lid was not properly attached and floated away when the parking lot flooded, creating this hazardous condition. The drain covers were managed by the Okeechobee Utility Authority, which did not maintain or repair them in a reasonably safe way.

The shopping center parking lot had been in an unsafe condition for a very long period time prior to this incident, and the owners did not make an attempt to rectify the dangerous conditions or take corrective measures. “The property owners have an obligation to keep their property safe,” commented Attorney Philip DeBerard. “Just as property owners have a responsibility to prevent dangerous conditions, so too must land and business owners act when inclement weather creates adverse conditions on a property.” Philip DeBerard and Robin A. Blanton represented Simmons in the action against the defendants.

Ms. Simmons suffered years of multiple neck and back surgeries that left her totally and permanently disabled and unable to return to her job as a beautician. The injuries and required medical care forced her to make substantial changes to her lifestyle.

November 20, 2009

Vicks nasal spray recalled over bacteria

Procter & Gamble is recalling Vicks Sinex nasal spray in the United States, Britain and Germany after finding it contained bacteria, the company said.

Procter & Gamble said it announced the voluntary recall after finding the bacteria in a small amount of product made at a plant in Germany.

There have been no reports of illness from the bacteria, but it could cause serious infections for people with weakened immune systems or those with chronic lung conditions such as cystic fibrosis, Procter & Gamble said late Thursday.

The bacteria poses little risk to healthy people, the company said.

Cincinnati, Ohio-based Procter & Gamble said it detected the problem during routine quality control at the plant. Analysis so far shows the problem is limited to a single batch of raw material mixture involving three lots of product, which were sold only in the three countries affected by the recall, the company said.

In the United States, the recalled product is Vicks Sinex Vapospray 12-hour Decongestant Ultra Fine Mist with lot number 9239028831.

In Britain, the company is recalling Vicks Sinex Micromist Aqueous Nasal Spray with lot number 9224028832.

In Germany, the recalled product is Wick Sinex Schnupfenspray Dosiersystem with lot number 9224028833.

All recalled products are in the 15-milliliter size.

Lot numbers are listed on the outer carton and the bottle, the company said.

Consumers with the product should discard it, and they may call the company for a replacement coupon or refund, the company said. More information is at the company’s Web site, www.pg.com.

October 14, 2009

Q&As: 15-passenger vans

1 What are 15-passenger vans?
These are large vans with 5 rows of seats intended to transport up to 15 people, including the driver. The federal government classifies 15-passenger vans as buses for the purpose of vehicle safety standards (49 CFR 571.3(b)).

Fifteen-passenger vans first appeared in the US market in 1972 and gained popularity during the 1990s with annual registrations increasing from about 150,000 in 1990 to over 500,000 in 2006. These vans comprised about 0.2 percent of the total US passenger vehicle fleet in 2007.

There were 503,346 15-passenger vans registered as of July 1, 2007 (see table). Two make/models accounted for 85 percent of all of these vans registered in 2007 — Ford Econo Club E-350 and Dodge B350/3500. Only three make/models of 15-passenger vans are currently produced and sold — the Chevrolet Express 3500, Ford Econo Club E-350, and GMC Savana 3500.

Number of registered 15-passenger vans by make and model, as of July 1, 2007
Model Years Make and Model Registrations
1978-2007 Ford Econo Club E-350 305,015
1981-2002 Dodge B350/3500 125,304
1996-2006 Chevrolet Express 3500 46,254
1990-1996 Chevrolet Sportvan 1T 9,402
1975-1980 Dodge Maxivan B300 5,074
1997-2007 GMC Savana 3500 8,738
1990-1996 GMC Rally 1T 3,559
Total 503,346

Note: Cargo versions of these vans not included in counts

2 Are occupants of 15-passenger vans more likely than occupants of other passenger vehicles to die in crashes?
The driver death rate in 15-passenger vans is lower than in other passenger vehicles, but the occupant death rate in the vans is higher. During 2003-07, there were 44 driver deaths per million registered 15-passenger vans. This was less than half the driver death rate (97) for all other passenger vehicles combined (cars, minivans, pickups, and SUVs). However, the death rate for all occupants, not just drivers, was higher for 15-passenger vans than for other passenger vehicle types combined — 200 versus 138 deaths per million registered vehicles. This is largely because 15-passenger vans tend to have much higher occupancy rates, so more people are at risk of dying when a crash occurs. Among passenger vehicles in fatal crashes during 2003-07, an average of 5 occupants were in 15-passenger vans compared with 2 occupants in all other passenger vehicles combined.

3 Do occupants of 15-passenger vans and occupants of other types of passenger vehicles die in similar types of crashes?
In 2007, 50 percent of the deaths of occupants of 15-passenger vans occurred in single-vehicle rollover crashes; this was the same as the proportion of occupant deaths in SUVs (50 percent) and higher than the proportion in pickups (41 percent) or cars (21 percent). Deaths of drivers of 15-passenger vans were less likely to occur in single-vehicle rollover crashes than deaths of all occupants of these vans (33 versus 50 percent); for other passenger vehicles, the proportion of deaths in single-vehicle rollover crashes was similar for drivers and all occupants.

4 Who can drive 15-passenger vans?
Although driver licensing is a state matter, states must follow federal standards for commercial drivers. These standards require drivers of vans designed to carry at least 16 occupants to have a commercial driver’s license (CDL) but do not apply to vans designed to carry fewer occupants. States may impose their own restrictions if vans are used commercially, but no special license is needed for uses such as transporting a sports team or church group.

Licensing and training requirements for drivers of 15-passenger vans are of concern because some van drivers may not operate such large vehicles on a regular basis. They may be unfamiliar with the way the vans handle and how they should be maintained.

The safety consequences of extending commercial licensing requirements to drivers of 15-passenger vans are not known. If, for example, the result were fewer groups traveling by van because of a shortage of licensed drivers, then these occupants might spread out into multiple vehicles. The net safety effect of putting more vehicles on the road to transport the same number of people is unknown.

5 Are there special handling issues for 15-passenger vans?
Yes. Fifteen-passenger vans are larger than most other passenger vehicles, and an inexperienced driver may have difficulty negotiating corners, backing up, or performing other maneuvers. These vans also have high centers of gravity, making them less stable than vehicles such as cars. Adding passengers raises the center of gravity of a vehicle, so given the greater seating capacity of 15-passenger vans, they become increasingly difficult to handle and less stable as passengers are added.

6 Are 15-passenger vans less stable than other vehicle types?
Yes. A 2004 study conducted by the National Highway Traffic Safety Administration (NHTSA) looked at changes in the odds of rolling over in a single-vehicle crash as the number of occupants increased, after accounting for differences in weather and driver and roadway characteristics.1 The risk of a single-vehicle rollover crash was found to be lower for 15-passenger vans than for SUVs when the driver was traveling alone. However, adding occupants to either vehicle type increased the risk of rollover by 9-12 percent per occupant. The odds of rollover for a 15-passenger van increased more than 400 percent when fully loaded compared with a driver traveling alone. For other passenger vehicle types, the odds of rollover when fully loaded compared with a driver traveling alone increased 20 percent for cars, 50 percent for pickups, and almost 100 percent for SUVs and minivans.

Laboratory tests conducted for NHTSA found that the increased risk of rollover for 15-passenger vans was associated with their high centers of gravity.2 When test vehicles were fully loaded, the center of gravity increased 0.9 inches for minivans, 1.4 inches for 7-passenger vans, and 4 inches for 15-passenger vans.

In 2003-07, about half of the rollover deaths in 15-passenger vans occurred in vans carrying at least 10 occupants, while only 21 percent of people who died in 15-passenger vans that did not roll over were riding in such heavily loaded vans.

7 Is tire pressure a factor in crashes involving 15-passenger vans?
Improperly inflated tires can affect any vehicle’s stability, increasing the likelihood of a crash. In 2005, NHTSA published the preliminary results of a survey on tire pressures among large vans. The sample included 937 15-passenger vans used by different types of organizations at 16 locations across the United States. Fifty-seven percent of the vans had at least one tire underinflated by 25 percent or more, relative to the pressure recommended by the vehicle manufacturer. About 1 in 4 vans had at least one tire overinflated by 25 percent above the recommended pressure, and 6 percent had at least one tire inflated above the maximum pressure indicated on the tire sidewall.3 In a separate survey, NHTSA found that about 30 percent of cars, minivans, pickups, and SUVs had at least one underinflated tire.4 However, the extent to which tire inflation has contributed to the crashes of 15-passenger vans is unknown. Also, automatic tire pressure monitoring systems are becoming more common on these vehicles as a standard feature.

8 Could electronic stability control (ESC) help reduce the rollover propensity of 15-passenger vans?
The technology is promising. ESC has been found to reduce fatal single-vehicle crash risk by 51 percent and fatal multiple-vehicle crash risk by 20 percent for cars and SUVs. Many single-vehicle crashes involve rolling over, and ESC effectiveness in preventing rollovers is even more dramatic. It reduces the risk of fatal single-vehicle rollovers by 72 percent for SUVs and by 63 percent for cars.5 ESC is designed to help prevent drivers from losing control of their vehicles during high-speed maneuvers or on slippery roads. It is an extension of antilock brake technology with additional sensors that continuously monitor how well a vehicle is responding to a driver’s steering input. When the sensors detect the vehicle is straying from the driver’s intended line of travel, ESC brakes individual wheels to keep the vehicle under control. ESC also may modulate engine speed. All 2006 and later model 15-passenger vans are equipped with ESC.

In 2004, NHTSA began publishing the results of vehicle handling tests to rate the stability of some passenger vehicles. The tests are part of the rollover stability component of NHTSA’s New Car Assessment Program (NCAP), which provides consumers with vehicle safety information. In the 2005 federal highway reauthorization act, Congress told NHTSA to begin conducting tests to rate the stability of 15-passenger vans. To date, NHTSA has conducted limited handling tests of 15-passenger vans. In tests of a 2003 Ford E-350 and 2004 GMC Savana 3500 with and without ESC, drivers of the ESC-equipped vans were less likely to lose control in the kinds of high-speed maneuvers that can result in rollover.6 Still, there are not enough ESC-equipped 15-passenger vans on the road to measure the real-world effects.

See Q&A: Electronic stability control

9 What other safety features are available on 15-passenger vans?
In addition to ESC, antilock brakes, and front-row airbags, which are now standard on all 15-passenger vans, 2008-09 models of the Chevrolet Express 3500 and the GMC Savana 3500 include as standard equipment side-curtain airbags and reinforced glass. The side-curtain airbags are the largest on the market and protect occupants in the first three rows of seating. Reinforced glass, which resists breaking, is designed to prevent ejection of occupants of the fourth and fifth rows. While these safety features are promising, 15-passenger vans’ high centers of gravity make handling more difficult.

10 Is belt use a factor in deaths of occupants of 15-passenger vans?
Yes. During 2003-07, only 22 percent of fatally injured 15-passenger van occupants were restrained. Among fatally injured van occupants who were not restrained, 55 percent were fully ejected from the vehicle. In comparison, among fatally injured occupants of other passenger vehicle types, belt use ranged from 28 percent in pickups to 45 percent in cars and minivans, and the rate of ejection among unrestrained occupants ranged from 30 percent for cars and minivans to 57 percent for SUVs. Current federal rules require lap belts or lap/shoulder belts at all seating positions in all new passenger vehicles, including 15-passenger vans.

11 Is alcohol a factor among drivers of 15-passenger vans involved in fatal crashes?
Yes, but not as much as for drivers of other passenger vehicle types. During 2003-07, 16 percent of fatally injured drivers of 15-passenger vans had blood alcohol concentrations at or above 0.08 percent. This proportion was lower than for fatally injured drivers of cars (29 percent), SUVs (36 percent), or pickups (41 percent).

12 Are there any government efforts aimed at organizations transporting people to reduce occupant fatality rates in 15-passenger vans?
Most states require the use of school buses to transport children to and from school and school-related events, but some states do not. NHTSA recommends that pre-school and school-age children not be transported in 15-passenger vans. The 2005 federal highway reauthorization act prohibits pre-primary, primary, and secondary schools from purchasing, renting, or leasing new 15-passenger vans to be used significantly to transport students to and from school and school-related activities unless the vans meet the federal standards for school buses or multifunctional school activity buses. The additional design standards for school buses — such as roof rollover protection and strong, closely spaced seats with padded, energy-absorbing seatbacks — provide greater occupant protection in the event of a crash.

In 2001, NHTSA issued a consumer advisory recommending that 15-passenger vans be operated by experienced drivers familiar with handling such large fully loaded vehicles. Organizations using these vans were urged to require seat belt use at all times. A 2004 consumer advisory warned users of 15-passenger vans about an increased risk of rollover under certain conditions. In August 2003, NHTSA amended the school bus safety regulations to encourage churches and other groups to use buses instead of vans.

References
1Subramanian, R. 2004. Analysis of crashes involving 15-passenger vans. Report no. DOT HS-809-735. Washington, DC: National Highway Traffic Safety Administration.

2Garrott, W.R.; Rhea, B.; Subramanian, R.; and Heydinger, G.J. 2001. The rollover propensity of fifteen-passenger vans. Research note. Washington, DC: National Highway Traffic Safety Administration.

3Thiriez, K.K.; Ferguson, E.; and Subramanian, R. 2005. 12 & 15 passenger vans tire pressure study: preliminary results. Traffic safety facts, Research note. Report no. DOT HS-809-846. Washington, DC: National Highway Traffic Safety Administration.

4Thiriez, K. and Bondy, N. 2003. NHTSA’s tire pressure special study, February 2001. Paper no. 256. Proceedings of the 18th International Technical Conference on the Enhanced Safety of Vehicles (CD-ROM). Washington, DC: National Highway Traffic Safety Administration.

5Insurance Institute for Highway Safety. 2008. Unpublished data analysis

6Forkenbrok, G.J. and Garrott, W.R. 2004. Testing the rollover resistance of two 15-passenger vans with multiple load configurations. Report no. DOT HS-809-704. Washington, DC: National Highway Traffic Safety Administration.

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