Kentucky Injury Law News

Airbag failure and injury risks

July 14, 2017 | by Garmer & Prather, PLLC

An airbag is a critical component of a car’s safety system, and there is no question that it saves lives. Unfortunately, there is also the risk of an airbag failing to operate correctly and causing serious injuries or death during an accident. Kentucky residents are advised to ensure their vehicle’s airbags are in proper working order and respond quickly to any recalls or maintenance requests.

Drivers became more concerned about airbag safety after major airbag manufacturer Takata recalled 65 to 70 million airbags across 19 different car manufactures. Very high numbers of Honda, Toyota and Subaru vehicles were impacted as well as smaller numbers of vehicles from other manufacturers for model years between 2002 and 2015. The recall was due to a failure of the airbag’s inflator that may cause metal shards to pass through the airbag when it deploys.

While a defective airbag may seem like a minor issue, it can result in unnecessary and serious injuries. Airbags deploy in many accident situations, especially frontal collisions or any time a vehicle stops suddenly. An accident that would normally result in no injuries or minor injuries could prove fatal if a defective airbag deploys incorrectly. It is impossible to know for sure if an airbag is defective without professional inspection and maintenance. Since the projectiles from the airbag can travel throughout the cabin, any defective airbag anywhere in the cabin could cause injury.

Mazda parking brake failure prompts a recall

July 7, 2017 | by Garmer & Prather, PLLC

Some Kentucky motorists may want to pay closer attention to where they park after learning about a large Mazda recall. It involves 227,000 vehicles that are at risk of manual parking brake failure.

Mazda responded to National Highway Traffic Safety Administration findings that the parking brake on both Mazda 3 and Mazda 6 models had failed in some instances. The manual brake mechanism did not form a proper seal and was admitting water into the mechanism. This resulted in corrosion that could decrease brake performance and cause problems with driving. The issue was widespread enough to risk defective product claims against the company.

The recall effects 2014 and 2016 Mazda 3 and 2014 and 2015 Mazda 6 models. The defective auto part brake systems will be repaired free of charge by dealerships. Formal notification of the product recall to dealers is not expected until Aug. 7, 2017. Owners will receive notification two weeks after this.

Ford issues safety and compliance recalls for 400K vehicles

June 29, 2017 | by Garmer & Prather, PLLC

Kentucky drivers who own Ford vehicle should be aware that, on June 28, the motor vehicle company recalled approximately 400,000 vehicles due to a coupling issue and a driveshaft issue. The recall affects Ford Transit van or bus models from 2015 to 2017.

The affected vehicles were built in a Michigan-based plan between January 2014 and June 2017. It appears that some of those vehicles may have a cracked flexible coupling, which could cause the driveshaft to separate. If this happens, the vehicle could lose motive power while it is being driven. It could also cause vehicles that are parked without the parking brake engaged to move unintentionally. There have been no injuries or accidents reported due to these potential safety issues.

A safety compliance recall was also issued for four Ford Police Interceptor Utility vehicles for attachment stud replacements. A second safety compliance recall that affects three U.S. Ford Escape vehicles was issued due to a need to replace the driver knee airbag modules. No known accidents or injuries were reported due to these issues.

Nearly 300,000 minivans recalled due to airbag defect

June 26, 2017 | by Garmer & Prather, PLLC

Fiat Chrysler Automobiles, the parent company of Dodge, has announced the recall of 297,000 Dodge Grand Caravan minivans in Kentucky and throughout North America. The affected minivans were part of the 2011-12 model year. They are impacted by a potential problem with the driver’s side airbag that causes it to deploy inadvertently.

The automaker reported that the issue is linked to electrical wiring inside the vehicle that can develop significant wear over time, leading to a short circuit. This could then trigger the driver’s side airbags. Unlike other recalls like the Takata airbag recall, this consumer automobile recall is related to wiring problems in older vehicles.

The wiring can cause a short circuit after rubbing against pieces of trim on the steering wheel over years of use. A second short circuit could then cause the airbag to deploy. There have been 13 minor injuries caused by these accidental airbag deployments in the Grand Caravan.

New regulations for truck driver training

June 20, 2017 | by Garmer & Prather, PLLC

The Federal Motor Carrier Safety Administration has issued a rule that contains changes to the commercial driver’s license training requirements. The rule became effective on June 5, 2017, but drivers, companies and training organizations have until February 2020 to be in full compliance with the new law. The training requirements will only apply to new drivers who receive their CDLs on or after Feb. 7, 2020. These changes are seen as a benefit to overall driver safety in Kentucky and throughout the United States.

The rule was delayed five months due to a regulatory review by the Trump administration. It benefits CDL training and improves safety and consistency by creating a core curriculum. It also requires some behind-the-wheel training and mandates that applicants receive training only from people and companies registered and approved by the FMCSA. Companies that have their own trainers and training facilities will also have to be in compliance with this aspect of the rule.

The rule was also altered from its original version, and one change has received criticism from those in the industry. Initially the rule required 30 hours of behind-the-wheel training, but the number has been removed.

Cargo safety is the focus of 2017 International Roadcheck

June 7, 2017 | by Garmer & Prather, PLLC

Motorists in Kentucky are more likely to see semi-tractor trailers and buses undergoing roadside inspections between June 6 and June 8 as inspectors step up their enforcement efforts during the annual International Roadcheck safety initiative. The effort is organized by the Commercial Vehicle Safety Alliance with the goal of encouraging truck and bus drivers and commercial vehicle operators to observe road safety laws and Federal Motor Carrier Safety Administration regulations.

The CVSA asks inspectors to pay particular attention to a different aspect of truck safety during International Roadcheck each year. Brake violations were the focus during the safety blitz in 2016, and this year inspectors will be focusing their efforts on cargo safety. Drivers who fail to properly secure their loads can expect a citation, but the CVSA has produced a flyer containing tips about securing cargo properly to help drivers and truck operators avoid having their vehicles ordered out of service.

Inspectors generally carry out North American Standard Level I inspections during International Roadcheck. These inspections are extremely thorough, and 21.5 percent of the more than 42,000 trucks and buses pulled over during the 2016 safety event were ordered out of service because of safety violations. Brake violations were the most common reason for ordering trucks off the road. The CVSA says that an average of about 15 commercial vehicles will be looked at during each minute of the 72-hour-long safety push.

Supreme Court declines to hear truck driver sleep apnea case

May 31, 2017 | by Garmer & Prather, PLLC

Truck drivers in Kentucky and around the country with body mass indexes of 35 or higher may be more likely to have to undergo sleep apnea testing after the U.S. Supreme Court announced on April 3 that it would not hear a case challenging the legality of such testing. The litigation, which was filed by a truck driver, claimed that the Americans with Disabilities Act protected American workers from mandatory sleep apnea testing.

Obstructive sleep apnea is a serious condition that interferes with sleep patterns and can lead to extreme fatigue. Obesity increases the chances of developing the condition considerably, and many truck operators around the country ask drivers with high body mass indexes to take tests costing about $1,200 each. The goal of theses tests is to keep drivers who may be more likely to be involved in truck accidents caused by truck driver fatigue off the road.

The Federal Motor Carrier Safety Administration supports sleep apnea testing for obese truck drivers, and the agency’s Safety Advisory Committee and Medical Review Board have called for rules that would make the tests mandatory. However, trade groups including the Owner-Operator Independent Drivers Association are against compulsory sleep apnea testing and say that drowsy driving accidents are not a serious problem.

Erb’s palsy can cause arm paralysis in infants

May 25, 2017 | by Garmer & Prather, PLLC

Although most Kentucky parents expect the delivery of their child to go as planned, birth injuries can occur. One injury that can be caused by a difficult delivery is called Erb’s palsy. Also known as brachial plexus birth palsy, it can cause an infant’s arm to be partially or fully paralyzed.

The brachial plexus, a group of nerves located in the neck, provide mobility and feeling to the arm area, including the shoulder and fingers. If an infant’s neck is stretched to the side during the delivery, damage can be caused to this group of nerves. In many cases, this injury can be overcome with daily physical therapy exercises. In the meantime, the infant may have trouble moving the affected shoulder or raising his or her arm.

Brachial plexus birth palsyy can be caused by a prolonged labor, a breech presentation or if the baby is particularly large. Symptoms can include weakness or loss of feeling in the affected arm and partial or total paralysis of the affected arm. A pediatrician generally will make the diagnosis after a physical examination. While the injury often healson its own, the pediatrician may continue to examine the arm to see if the nerves are recovering. The pediatrician may also teach parents exercises that can help keep the infant’s arm healthy and limber while the nerves are recovering, especially if the infant cannot move the arm. Otherwise, surgical treatment may be needed.

IIHS says side underride guards should be mandated

May 18, 2017 | by Garmer & Prather, PLLC

According to the Insurance Institute for Highway Safety, a nonprofit organization, underride guards mounted on the sides of trucks in Kentucky and throughout the country offer similar safety benefits to those that are mounted on the rear of the vehicles. Regulations mandating rear underride guards are under consideration.

The IIHS did two crash tests in 2017. One was using an underride guard and the other was using a fiberglass side skirt that was not designed for underride protection. In both 35-mph crash tests, a 53-foot dry van trailer was hit in the center by a mid-size passenger car. The first test used the underride protection, and while it bent, it also prevented the car from going under the truck. In the second test, using the side skirt, the roof came off and the car became wedged under the truck. According to the IIHS, that crash probably would have been fatal for vehicle occupants.

As a result of these tests, the IIHS says that side underride guards should be mandated as well. This was the first evaluation of a side guard by the IIHS.

Autonomous trucks raise concerns about road safety

May 11, 2017 | by Garmer & Prather, PLLC

Driverless trucks may soon be appearing in Kentucky and across the United States. While the technology to empower self-driving tractor-trailers still needs heavy refinement, there are a number of companies working hard to be first to bring these trucks to market.

Of course, driverless trucks raise new concerns about safety and road-readiness as well. For example, an automated vehicle in a truck crash situation will need to determine through its own logic how to handle an imminent vehicle accident. For this reason, among many others, discussion of autonomous vehicles continues to center on this technology’s use as an assistance mechanism for drivers rather than as a replacement.

The Federal Motor Carrier Safety Administration held a hearing on autonomous vehicles in the trucking industry. As an agency with a heavy focus on safety, the hearing heard testimony about several issues. One primary issue discussed was whether autonomous vehicles will allow truck drivers to work longer consecutive hours of service. Given that truck driver fatigue is already a significant safety concern, this issue prompted a range of testimony. In addition, some observers also noted that it is possible for inattentiveness and distraction to increase because of the low level of attention needed by the highly automated vehicle.