April 14, 2010
ROAD RAGE BILL PASSES
Requires an operator of a motor vehicle to yield the left lane when being overtaken on a multilane highway
measure well-liked by heavy-footed drivers frustrated by the slow drivers blocking the left lane and portrayed as way to ease road rage incidents accelerated Tuesday, advancing through the Senate Judiciary Committee 8-1. Sen. Mike Fasano, R-New Port Richey, was the only “no” vote, although Committee Chairman Joe Negron said he wasn’t a fan, but liked some of the elements in the measure, which is carrying several other road-related issues as well. The bill (SB 482) would require drivers to yield the left lane to faster drivers coming up behind them by moving over to the right out of the way. In noting that he doesn’t really like the road rage bill, Negron reminisced that the bill passed a few years ago but was vetoed by then-Gov. Jeb Bush. “He wasn’t driving his own car then,” responded the bill’s sponsor, Sen. Mike Bennett, R-Bradenton.
The bill defines the term “road rage.” Requires an operator of a motor vehicle to yield the left lane when being overtaken on a multilane highway. Revises the number of specified acts necessary to qualify as an aggressive careless driver. Authorizes actions for civil damages against motor vehicle dealers, etc. EFFECTIVE DATE: 10/01/2010.
April 13, 2010
Consumer Reports Slaps Lexus GX 460 SUV With Rare ‘Don’t Buy’ Warning
Consumer Reports has given the Lexus GX 460 SUV a rare “Don’t Buy” warning, saying a problem that occurred during routine handling tests could lead to a rollover accident in real-world driving.
In the latest blow to Toyota’s reputation, the magazine said that during a test of the vehicle’s performance during unusual turns, the rear of the vehicle slid until it was nearly sideways before the electronic stability control system kicked in.
Consumer Reports said in real-world driving, such a scenario could cause a rollover accident. As a result, the magazine has given the seven-seat SUV a “Don’t Buy: Safety Risk” label until the problem is fixed.
“In a real-world situation, by that time, the car can hit the curb or the side of the road and that’s the situation where, in a vehicle like that, it could cause it to roll over,” said Gabriel Shenhar, senior auto test engineer at Consumer Reports. Shenhar was one of four testers to experience the problem.
Consumer Reports said the last vehicle to receive such a warning was the 2001 Mitsubishi Montero Limited. It said that among the 95 SUVs in its current ratings, no other slid as far as the GX 460.
In a statement Toyota said it is concerned with Consumer Reports’ findings, adding that its engineers will try to duplicate the magazine’s tests to determine its next steps.
“Please keep in mind that the 2010 GX 460 meets or exceeds all federal government testing requirements,” the automaker said. “We take the Consumer Reports test results seriously.”
Starting at about $52,000, the GX 460 is a small-volume vehicle for Lexus, Toyota Motor Corp.’s luxury brand. It went on sale in November and only about 5,000 have been sold since then. But the warning represents yet another blow for Toyota’s tarnished reputation for safety following recalls of millions of vehicles for faulty gas pedals. The GX 460 is not covered by the pedal recalls.
Consumer Reports said the problem occurred during a handling test on its test track. During the test, the driver approaches a turn unusually fast, then releases the accelerator pedal to simulate a typical driver’s response. This causes the rear of the vehicle to slide.
In normal cases, the vehicle’s electronic stability control should quickly correct the loss of control. But Shenhar said in the case of the GX 460, the stability control took too long to adjust, causing a risk of rolling over.
However, Consumer Reports said it is not aware of any reports of the vehicle rolling over. The magazine said it tested two separate vehicles, both of which experienced the problem, but neither rolled over.
April 12, 2010
Philip DeBerard Sponsors the Treasure Coast Chapter of the Paralegal Association of Florida Seminar
Fort Pierce: Attorney Philip DeBerard is proud to sponsor the Treasure Coast Chapter of the Paralegal Association of Florida, Inc. seminar on Friday, April 16, 2010 at the Indian River State College – Treasure Coast Public Safety Training Complex in Fort Pierce.
Paralegal Association of Florida, Inc. (“PAF”), is a professional association of approximately 1,000 paralegals from around the State of Florida. The Association was incorporated in 1976 as Florida Legal Assistants, Inc.; however, in 2000, the name was changed because the term “paralegal” more accurately reflects the substantive nature of our members’ responsibilities in rendering legal services — while under the supervision of an attorney — and clearly distinguishes our profession from other law office support personnel.
April 10, 2010
Fatal Accidents Involving Pedestrians Declined in 2009 on
Treasure Coast
After being among the state leaders in pedestrian traffic fatalities from 2007 to 2008, the number of those types of deaths on the Treasure Coast declined in 2009.
Florida Highway Patrol statistics show the Treasure Coast had nine deaths in 2009. The region averaged 13.8 annually from 2004 to 2008.
FHP spokesman Lt. Tim Frith attributes the decline in deaths to law enforcement, advocacy groups and businesses putting a greater emphasis on traffic safety.
Florida has been among the top three states in non-motorist highway deaths since 2001. Laura Hallen, director of the 2,400-member Florida Bicycle Association, said Florida’s roads aren’t pedestrian friendly.
“One of the challenges is that Florida was built almost exclusively for motorists,” she said. “It has high-speed highways with multi lanes” and motorists can be slow adapting to the presence of bicyclists and pedestrians.
Plus, the usually good year-round weather leads to people walking or riding bicycles, she said. She wants more emphasis on pedestrian and bicyclist safety.
The Florida Department of Transportation is making $500,000 in federal grants available this year for school safety education programs for bicyclists and pedestrians in a five-county area that includes the Treasure Coast.
So far, school officials in St. Lucie and Indian River counties are expressing interest in getting money for educational programs aimed at making children more safety conscious, said Carmen Pullins, a program manager with the FDOT.
In recent years, both St. Lucie and Indian River counties have used other federal money to build sidewalks, particularly around schools.
From 2007 to 2008, Indian River County received $2.9 million in grants while St. Lucie County collected about $2.6 million. Martin County didn’t apply for the grants, Pullins said.
From 2007 to 2008, Indian River County had 10 deaths, earning it a ranking of second in pedestrian danger out of 20 metropolitan areas in Florida, according to the joint report by two Washington-based safety research groups, Surface Transportation Policy Partnership and Transportation for America.
The ranking is based on the number of deaths and the percentage of people walking to work, as well as population.
The combined St. Lucie-Martin county metropolitan area ranked 13th, according to the reports. There were 14 deaths in two years in an area with 403,700 residents.
Local law enforcement officers are heartened by the drop in pedestrian deaths.
“The reduction is encouraging,” said Martin County Sheriff’s Office spokeswoman Rhonda Irons. Still, “one motor vehicle fatality or one pedestrian death is one fatality too many.
Last year’s accidents on the Treasure Coast appear to have been scattered and not clustered at any location, the officers said.
In 2009, two of St. Lucie County’s four deaths included two people, ages 21 and 24, hit by vehicles while they were fighting on State Road 70 west of Florida’s Turnpike, reports show.
All three of Martin County’s fatalities were in Stuart, including a 67-year-old man who stepped into traffic near the intersection of U.S. 1 and Palm City Road, police reports show.
In Indian River County, a 55-year-old bicyclist was hit on U.S. 1 at the Grove Isle subdivision. The other death involved a walker hit in a crosswalk on 20th Avenue in Vero Beach, reports show.
Frith said even though the number of deaths declined, officers need to remain focused on the problem.
“We want to keep working on reducing the numbers,” he said.
TIPS FOR PEDESTRIANS AND DRIVERS
The Florida Highway Patrol offers the following tips if you are walking or driving to school or work or waiting at a bus stop.
PEDESTRIANS:
Make yourself visible to drivers. Wear reflective materials and bright/light-colored clothing and carry a flashlight when it is dark.
Eliminate distractions, such as wearing headphones, talking on the cell phone or texting while walking — especially when crossing the street.
Stand clear of buses, hedges, parked cars or other obstacles before stepping into the street.
Always walk on the sidewalk. If there are no sidewalks, walk facing traffic.
Stay sober. Walking impaired increases your chance of being struck.
Do not assume vehicles will stop. Make eye contact with drivers and wait until they show signs of slowing or stopping for you.
Obey traffic signals. Only cross the street when the appropriate signal is lit.
Do not rely solely on pedestrian signals. Look before you cross the road.
Watch for cars backing up in parking lots and near on-street parking spaces.
Cross streets at marked crosswalks or at intersections.
Look left, right, behind and left again before crossing a street or stepping into traffic.
Watch for turning vehicles. Make sure the driver sees you and will stop.
When crossing multiple lanes of traffic, look across all lanes you must cross and visually clear each lane before proceeding.
DRIVERS:
Keep an eye out for pedestrians. Scan the road and roadside ahead of you.
Look in all directions before you make a turn and yield to pedestrians at crosswalks.
Eliminate distractions such as texting or talking on a cell phone, eating, applying make-up.
Do not park in or block crosswalks.
Pay close attention to vehicles stopped for crossing pedestrians. Do not pass the stopped vehicle.
Know when to stop for a stopped school bus.
Come to a complete stop at stop signs and signals and always be prepared to stop for pedestrians.
PEDESTRIAN DEATH TOTALS .
County Total for 2004-2009 Average per year
Indian River 19 3.1
St. Lucie 33 5.5
Martin 26 4.3
SOURCE: National Highway Traffic Safety Administration and Florida Highway Patrol
TREASURE COAST PEDESTRIAN DEATHS.
County 2005 2006 2007 2008 2009
Indian River 3 2 2 8 2
St. Lucie 11 7 2 5 4
Martin 5 7 3 4 3
SOURCE: National Highway Traffic Safety Administration and Florida Highway Patrol
April 6, 2010
Passenger Van Safety
Fifteen- and twelve-passenger vans and other large vans are widely used by churches and community organizations. Colleges use them to drive sports teams to games. Over 500,000 are in use in the United States.
The vans include certain models of the Ford Econoline or E-Series, such as the Ford E350 and Club Wagon E350, the Dodge Ram Wagon B350 and Ram Van/Wagon B3500, the Chevrolet Express 3500 and the GMC Savana 3500 and Rally/Vandura G3500. Ford builds and sells most 15 passenger vans in the U.S. Unfortunately, these vans are involved in many crashes and injuries are very serious.
In these types of accident cases, it has been alleged that the vans have design defects and safety omissions including that the vans are:
1.Difficult to handle and prone to over-steering and loss of control;
2.Unstable when loaded, leading to deadly rollover crashes; and
3.Not crashworthy, resulting in deaths that should otherwise have been easily survivable.
Repeated 15- and 12-Passenger Van Accidents
According to government statistics, over 1,200 fatal crashes have occurred involving the large, heavy vans since 1990. The problem, according to auto safety experts, is the design, the weight and balance of the van. On most models, the car manufacturers have used the same wheel base. But you can see on the 15-passenger model, the back end has been extended. That means when it’s fully loaded, there’s a seat with four passengers behind the rear axle. That tends to make the back end heavy, so that when there’s a sudden swerve, the rear end swings out. The second, critical issue is that the van is top heavy. It has what engineers call a high center of gravity. The more people on board, the more top heavy it becomes, therefore creating an environment for accidents.
If you have been injured in a similiar situation and need to consult with Philip DeBerard, Personal Injury Attorney, please call immediately
March 25, 2010
Texting while driving ban advances
BY JOSH HAFENBRACK
Sun-Sentinel
TALLAHASSEE — Drivers, put away those Black-Berrys and iPhones. A ban on texting while driving took a crucial step forward Wednesday in the Florida Legislature.
The Senate Transportation Committee unanimously approved a ban (SB 448) on reading or sending e-mails and text messages while behind the wheel. Texting would be a secondary offense, so drivers could only be cited if they’re pulled over for something else, such as speeding.
“I don’t like to legislate personal behavior and I have resisted these types of distracted driving bills over the years, but frankly I’ve gotten hit myself,” said Sen. Nancy Detert, R-Venice. “I think we’ve all seen the effects of texting while driving. They’re changing lanes and they’re a lot worse than drunk drivers.”
The ticket for a first texting- while-driving offense would be $30 plus court costs, which vary by county. On the second offense, the fine would double to $60 and the driver would get three points on his or her license.
Studies have shown texting slows down driver reaction time and increases the likelihood of an accident. Numerous states, including California, Illinois and New York, already have a texting ban.
Florida’s texting ban would take effect Oct. 1, if approved by the Legislature. Gov. Charlie Crist supports the ban.
March 23, 2010
Last week, ABC’s World News Tonight and Good Morning America ran several stories detailing the risk that the use of Fosamax poses for low-energy subtrochanteric femur fractures.
Click here to watch the video
If you know anyone who may have experienced similiar side effects, please call our office immediately.
March 18, 2010
MCI Recalls Motorcoaches With Wheelchair Lifts
Motor Coach Industries (MCI) is recalling more than 4,200 vehicles equipped with a Ricon wheelchair lift and a cassette-type wheelchair lift compartment door.
The wheelchair lift may become disengaged from a locked position and slide unrestrained on its rollers in the storage structure, potentially breaking through the cassette door and extending beyond the outside of the door when the coach is in motion, the National Highway Traffic Safety Administration said. This is particularly a risk during a left turn.
To remedy the problem, MCI will provide parts and labor for a Ricon-designed retrofit kit that includes a spring-loaded lock mechanism. There will be no charge for the service. The safety recall begins this month.
Vehicle owners can reach MCI at (800) 241-2947.
March 16, 2010
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 14, 2010
HOW TO HANDLE A RUN AWAY PRIUS
The story of a “runaway” Toyota Prius on a Southern California interstate Monday has since raised a lot of controversy. The driver in question, Jim Sikes, told his story to CNN’s Ted Rowlands. He said he was unable to stop the car as it went over 90 mph and called 911 for help.
iReport car reviewer romanmica has been especially interested in this story. He often shares videos of the many test drives he takes, and his honest opinions on each car and how it handles on CNN iReport, but this time it was a little different. Using an “unscientific test,” romanmica wanted to see how easy it was to stop a runaway Prius (needless to say, don’t try this at home). Check out the video above.
“I tested the car on a very seldom-used road and of course made sure that the car would stop in a safe distance,” romanmica told me. “I wanted to show in a very straightforward manner that while the technology may be somewhat new and different, the way you stop the car is very much the same” as a traditional car.
As for Toyota, they told CNN earlier this week that they were investigating the incident. There is also a brake feature that U.S. safety regulators are considering for all cars.
