$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.

So you’ve decided to buy a car, minivan, SUV, or pickup.
Now the question is, which one? If you factor safety into your choice
(most people do), then you probably want to know, what’s the safest vehicle to buy? Safety has numerous aspects, so there’s no direct answer, although it’s clear that some vehicles are safer than others. You can find safer vehicles in various
price and style groups
Start by recognizing that safety involves AVOIDING CRASHES to begin with and then
PROTECTING YOU if and when a crash occurs.

CRASH AVOIDANCE
All vehicles have basic features to reduce crash likelihood — lights so other motorists can see you, brakes to stop, etc. New technology is being added to help
avoid crashes in the first place. These features alert you if you stray from your
lane or get too close to a car in front of you. Most of the new features haven’t been
scientifically evaluated yet, but some show promise and one already is proving effective:
ELECTRONIC STABILITY CONTROL.
You’ll find it by various trade names (StabiliTrak, Stability Assist, etc.), but the
systems are basically the same. They’re extensions of antilock brake technology that help drivers maintain control in the worst situation — loss of control at high speed. These systems engage automatically to help bring a vehicle back in the intended line of travel. Electronic stability control lowers the risk of a fatal
single-vehicle crash by about half. It lowers the risk of a fatal rollover crash by as much as 80 percent. To see if a vehicle you’re thinking of buying has electronic stability control,
go to iihs.org/ratings/esc/esc.aspx.

DON’T COUNT ON AVOIDING CRASHES.

Despite everyone’s best efforts, millions of crashes occur each year. Tens of thousands of them involve deaths. So the most important aspect of shopping for safety is to choose a crashworthy vehicle — one that reduces death and injury risk during a crash.

TOP SAFETY PICKS CRASHWORTHINESS
The first crashworthiness attributes to consider are vehicle size and weight. Small, light vehicles generally offer less protection than larger, heavier ones. There’s
less structure to absorb crash energy, so deaths and injuries are more likely to occur in both single- and multiplevehicle crashes. If safety is one of your major considerations PASS UP VERY SMALL, LIGHT VEHICLES. This doesn’t mean you have to buy the heaviest vehicle you can find. It wouldn’t necessarily be safer because those weighing more than about 4,500 pounds afford only small injury risk reductions.
At the same time, they increase the injury risk for people riding
in other vehicles with which they collide.

BIGGER GENERALLY IS SAFER
DRIVER DEATHS PER MILLION REGISTERED vehicles
Note: Rates are adjusted to account for some differences in driver age and sex within and between vehicle types. Remaining differences in vehicle use patterns and driver demographics may account for some of the death rate differences. While the risk of death generally is higher in smaller and lighter cars, SUVs, and pickups, vehicle size and weight don’t tell the whole story. There are safety differences among vehicles that are similar in size and weight. Some light car models,
for example, are safer than others. Some midweight SUVs
are safer than others. And so on. This is because some
models have MORE CRASHWORTHY DESIGNS than others. You can’t tell the difference by looking at the vehicles. You need to compare their crash test results.
Most popular vehicles have been tested, so buy one with GOOD CRASHWORTHINESS RATINGS in front, side, rollover, and rear-end crashes.

To find and compare safety ratings for hundreds of vehicles, go to iihs.org/ratings
AND safercar.gov

Dog Bite Prevention

4.5 million Americans are bitten by dogs each year, and one in five dog bites results in injuries that require medical attention. There are ways to make dog bites less likely and to help prevent children from being bitten by dogs.

Who is most at risk?

Children: Among children, the rate of dog bite–related injuries is highest for those ages 5 to 9 years, and children are more likely than adults to receive medical attention for dog bites than adults. Recent research shows that the rate of dog–bite related injuries among children seems to be decreasing.

Adult Males: Among adults, males are more likely than females to be bitten.

People with dogs in their homes: Among children and adults, having a dog in the household is associated with a higher incidence of dog bites. As the number of dogs in the home increases, so does the incidence of dog bites. Adults with two or more dogs in the household are five times more likely to be bitten than those living without dogs at home.

How can dog bites be prevented?

Dog bites are a largely preventable public health problem, and adults and children can learn to reduce their chances of being bitten.

Before you bring a dog into your household:

Consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to learn what breeds of dogs are the best fit for your household.Dogs with histories of aggression are not suitable for households with children.
Be sensitive to cues that a child is fearful or apprehensive about a dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a household with an infant or toddler.
If you decide to bring a dog into your home:

Spay/neuter your dog (this often reduces aggressive tendencies).
Never leave infants or young children alone with a dog.
Don’t play aggressive games with your dog (e.g., wrestling).
Properly socialize and train any dog entering your household. Teach the dog submissive behaviors (e.g., rolling over to expose the abdomen and giving up food without growling).
Immediately seek professional advice (e.g., from veterinarians, animal behaviorists, or responsible breeders) if the dog develops aggressive or undesirable behaviors.

Holiday Safety Tips

It’s that time of year! Friends, family, shopping, dining and…crime? While anytime is a good time to think about personal safety and crime prevention, Philip DeBerard would like to remind citizens of some easy techniques that will help keep them and their property safe during the holidays!



CAR PROWL PREVENTION
• When you exit or enter your parked vehicle, take a moment to look around the area.
• Turn off and lock your car whenever you have to walk away from it. This includes at gas pumps, ATM machines, etc. Never leave your car idling.
• Before leaving your parked car, always remove the keys, roll up the windows and lock the car.
• Leave No Valuables in Your Car. Never leave valuables in your car. Items of little or no value to you still look inviting to a thief. Even pocket change is enough of an enticement for some thieves.
• If you must leave valuables in your car (say you’re out shopping and still have some stops to make), make sure that nothing of value is within plain view. Place items in your car trunk out of sight. Do this when you get to your car, rather than waiting until you park at your next stop. Often, people will arrive at their destination and then put items in the trunk. They’ve just shown anyone who may be around that they just put valuables in the trunk and then walked away from their vehicles. So, if you are going to put something in your trunk, place it in before you get to your destination so you don’t show everyone that you’ve just put valuables in your trunk.
• Don’t leave accessories visible in your car. You may have taken the Laptop or IPod in with you, but if you leave the USB cables for your laptop or earbuds for the IPod in the back seat, the offender may think those items are in the car and break in anyway.
• Think about how the GPS is mounted in your car. If the mounting for the GPS is visible, the thief may think the GPS is in the glove box or under the seat and may break in to try to get it. Have removable mounting for the GPS and put that out of sight as well.
• If possible, store your car in a closed and locked garage. Make a habit of locking your garage door and car doors.
• If your car is stored in a carport or parked near your house, leave your exterior lights on throughout the night.
• If you park on the street, choose a well-lit, open space even if it means adding additional street/yard lighting & trimming back trees/bushes that block your view of your vehicle.
• If you park in a paid lot, use lots that have attendants.
• Consider replacing the light fixture closest to your car with a motion detector unit. Motion detectors are a good psychological deterrents since the normal assumption of a person seeing a light come on is that someone has seen them. Additionally, the light makes the prowler or thief more visible.
• You may want to consider an alarm system for the car. An alarm will not prevent anyone from gaining entry or damaging the car, but the noise of the alarm will draw attention to the car and therefore to the thief. Additionally, many alarm systems have a blinking red light mounted on the dash. That visible indicator may be a deterrent to would be thieves.

FILE A SAFETY COMPLAINT ABOUT A VEHICLE NOW ONLINE

The Office of Defects Investigation (ODI) is an office within the National Highway Traffic Safety Administration (NHTSA). ODI conducts defect investigations and administers safety recalls to support the NHTSA’s mission to improve safety on our Nation's highways. NHTSA is authorized to order manufacturers to recall and repair vehicles or items of motor vehicle equipment when ODI investigations indicate that they contain serious safety defects in their design, construction, or performance. ODI also monitors the adequacy of manufacturers' recall campaigns. Before initiating an investigation, ODI carefully reviews the body of consumer complaints and other available data to determine whether a defect trend may exist.

The Link to File a Complaint: http://www-odi.nhtsa.dot.gov/index.cfm

Safety Recalls: http://www-odi.nhtsa.dot.gov/recalls/

Defect Investigations: http://www-odi.nhtsa.dot.gov/defects/

Safe Driving Information: http://www.safercar.gov/driving.htm

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.

$1 Million Settlement in Death of 3-Year-Old

Okeechobee: An Okeechobee family has accepted $1 million policy limits in a wrongful death lawsuit. Their toddler was riding his bike when a truck driver struck and killed him.

On a quiet Sunday morning in the parking lot of the Town Center Apartments in Okeechobee, FL, the parents of a three-year-old boy thought he was in a safe place to ride his bicycle. The parents were standing close by, watching; signs saying “Slow Children at Play” were posted; and there were speed bumps throughout the complex to slow down drivers.

Yet, the driver of a 1 ton business truck with dual rear tires “gunned” his vehicle, pulled straight out of the parking space, and unknowingly ran over the small child’s bike, killing the boy instantly. The driver of the truck was unaware of the tragedy and had to be chased down to get him to stop.

The night before this tragedy, the truck driver had been partying in West Palm Beach, not arriving home until 6:30 am. He went to the apartment complex to drop off a friend, and he admitted seeing the child riding his bike in the parking lot when he arrived.

Witnesses said there were no obstructions in the way, so the driver should have seen the child and his bicycle, making the driver negligent. The young boy suffered massive head trauma, which resulted in his death. Tony Goodman, an attorney with the Accident Law Offices of Philip DeBerard, said, “This incident showed blatant disregard for responsible driving in a vicinity where small children play on a regular basis. We hope this settlement will make a difference, emphasizing how motor vehicle drivers must take responsibility for pedestrians.”


The defendant’s business insurance company accepted responsibility for the defendant’s actions, settling the case for the entire policy limits of $1 million. Attorney Philip DeBerard said, “This accident robbed his family of a young and spirited son due to the careless driving of one person. No amount of money can ever take the place of the little boy whose life was cut short so tragically.”

The Accident Law Offices of Philip DeBerard, www.flainjurylawyer.com practices in the area of Personal Injury and Wrongful Death, serving Okeechobee, Stuart, Jupiter and Fort Pierce.