Kentucky Injury Law News

Maserati recalls 3 models over fire risks

February 23, 2017 | by Garmer & Prather, PLLC

Kentucky Maserati owners should be aware that the automaker is recalling 39,381 Quattroporte, Ghibli and Levante cars and SUVs, according to the National Highway Traffic Safety Administration. The recalls are over two potential fire risks.

Maserati says the first problem involves an incorrect wiring-harness layout under the front power seats of 2014-2017 Quattroporte, Ghibli and Levante vehicles. As the seats are adjusted, they can rub against the wiring harness, potentially causing a short-circuit and fire. Recalls for this problem are expected to begin on March 21.

The second problem involves fuel lines that can leak in certain 2014-2015 Quattroporte and Ghibli sedans. The automaker says that fuel leaks can occur at any point along the fuel line due to an assembly error by the parts supplier. Foreign particles accidentally introduced between the metal fuel line and plastic fuel line can cause scratches on the plastic portion of the line, potentially causing a fire hazard. A total of 10,879 cars are affected. The recall for this issue will begin on Feb. 28. The Quattroporte and Ghibli sedans were also recalled in 2016 over suspension and gear shift issues.

Safer driving can reduce truck accidents in Kentucky

February 23, 2017 | by Garmer & Prather, PLLC

Semi-tractor trailers are a ubiquitous sight on Kentucky roads and highways, and most passenger vehicle drivers understand that commercial vehicles weighing as much as 80,000 pounds should be approached with caution. Accidents involving buses and large trucks claim thousands of lives each year in the United States, and 60 percent of these fatal crashes involve an impact with the front of trucks. Sometimes these front-end collisions are caused by distracted or fatigued truck drivers braking too late or not at all, but they are most often the result of dangerous passing maneuvers.

It can take twice as long for a fully laden tractor-trailer to come to a safe stop, and emergency braking can cause large trucks to jackknife dangerously. Passenger vehicle drivers should bear this in mind when passing slow-moving trucks, and they should also remember that commercial vehicles have much larger blind spots than cars, pickup trucks or SUVs. Tailgating is a dangerous practice at any time, but the chances of suffering a serious injury increase exponentially when the vehicle being tailgated is a semi-tractor trailer.

About 10 percent of the motor vehicle crashes that took place in Kentucky in 2014 involved commercial vehicles, and the majority of these truck accidents were caused by the drivers of the passenger vehicles involved. In addition to dangerous passing maneuvers and tailgating, passenger vehicle drivers frequently cause accidents by weaving, misjudging clearances and failing to yield the right of way.

Unhealthy truckers more likely to be involved in crashes

February 16, 2017 | by Garmer & Prather, PLLC

According to a recent study, commercial truck drivers in Kentucky and the rest of the country who have three or more health issues have four times the crash hazard of healthier drivers. Truckers may also find it difficult to remain healthy due to the nature of their profession, which requires long periods of sitting down.

The medical records of almost 50,000 commercial truck drivers were examined for the study. Nearly 35 percent of the truck drivers had indicators of one or more health conditions, such as low back pain, diabetes and heart disease, associated with poor driving. When the crash histories of the drivers were examined, it was discovered that drivers with at least three of the flagged conditions had an increased likelihood of having been involved in a crash.

Among all truckers, the rate of accidents that involved injuries was 29 per 100 million miles traveled. For drivers who suffered from at least three medical conditions, the rate rose to 93 per 100 million miles. Factors, such as age, amount of commercial driving experience and other elements that could have an impact on one’s driving ability, were taken into account in the calculation of the crash rates.

Audi to issue 2 recalls in February

February 1, 2017 | by Garmer & Prather, PLLC

Two vehicle recalls may affect Kentucky residents who own Audi A5 and Q5 models. The recalls cover almost 600,000 vehicles. On Feb. 20, Audi will begin a recall of A5 Cabriolets, A5 Coupes and Q5 SUVs that were manufactured in the model years 2013 through 2017. The first vehicle recall concerns 342,867 cars that are all equipped with 2.0-liter TFSI engines.

The Audi engine problem involves an electric cooling pump that has the potential to become clogged with debris. When the cooling pump is clogged, it may overheat and start a fire. Once Audi notifies car owners about the recall, the German auto maker will begin updating the software for the coolant pump on the recalled cars. The software update will allow the power supply to shut down when it becomes clogged.

A second Audi recall that will begin in February covers Q5 SUVs with sunroofs that were manufactured in the model years 2011 through 2017. There is a roof drainage issue with these vehicles that causes water to drip into one of the airbag inflation canisters. If the canister becomes corroded and damaged from the water, the airbag could send shrapnel flying into the vehicle cabin when it is deployed. Audi will fix the problem for car owners once the recall starts.

Auto defects and product liability lawsuits

January 26, 2017 | by Garmer & Prather, PLLC

Kentucky residents may be aware that millions of vehicles have been recalled in recent years because of safety issues ranging from locking ignition switches to exploding airbags. The accidents and litigation that prompts these recalls can damage corporate reputations and erode hard-won market shares. In addition, product liability lawsuits can also be difficult for manufacturers to win. This is because of the doctrine of strict liability, which means that plaintiffs are not required to demonstrate that defendants acted negligently or recklessly.

Not having to establish negligence makes product liability lawsuits less intimidating to plaintiffs. However, the thought of taking legal action against a wealthy and powerful corporation can still be frightening. Since civil litigation is conducted in public, the process can be easier for those who have been injured in an accident caused by defective auto parts.

Product liability issues can cause sales to plummet and stock prices to sink, which is why manufacturers may wish to settle these matters quietly whenever possible. They may also desire a speedy resolution to avoid punitive damages. Corporations are sometimes ordered to pay millions of dollars to the defendants in product liability cases when they have not done enough to protect consumers. These punitive damages are designed to both hold wrongdoers accountable and deter others from taking the same path.

Trucking carriers ask to be allowed to use drug hair tests

January 20, 2017 | by Garmer & Prather, PLLC

Kentucky motorists might be interested in learning that multiple large trucking carriers have petitioned the Federal Motor Carrier Safety Administration to allow them to perform hair tests to check for drug use in truck drivers. Currently, the federal government requires urine testing.

The trucking carriers are some of the largest in the industry and include Werner, Maverick Transportation, Schneider, J.B. Hunt, Dupree Logistics and Knight. They are arguing that hair testing is much more reliable than urine testing. Currently, the carriers use hair tests to test their drivers, but they also have to conduct urine testing in addition in order to comply with federal regulations. The companies are arguing that doing so is unnecessarily expensive.

The carriers who have petitioned the FMCSA along with a few additional companies make up the Trucking Alliance, which was formed in 2010. The primary goal of the alliance is to convince the FMCSA to reform its protocols for drug testing. The FAST Act of 2015 provided that the FMCSA could accept hair tests after the Department of Health and Human Services promulgated regulations for doing so. The Department of Health and Human Services still has not issued any rules although it was required to do so by Dec. 5, 2016.

Defective machinery and power tool lawsuits in Kentucky

January 12, 2017 | by Garmer & Prather, PLLC

Most Kentucky residents pursue product liability lawsuits because they have been injured by a defective consumer product, but this kind of litigation may also be initiated after workers have suffered injuries caused by heavy equipment or machinery installed at their workplaces or unsafe power tools provided by their employers. However, these cases can be complex and difficult to litigate, and you may wish to choose an attorney with several decades of experience in this area if you are thinking of taking this path.

If you have been injured at work by tools, machinery or equipment despite following instructions and observing safety protocols, identifying the parties responsible may not necessarily be easy. Manufacturers could face product liability lawsuits when their equipment is found to have been defective, but even well-made and safe machinery can cause injuries when it has not been installed correctly or properly maintained. This means that vendors and employers may also be named as defendants in these cases.

Before filing this type of lawsuit, attorneys with experience in this area may conduct thorough investigations into an accident to determine which companies or individuals were responsible and which federal or state safety regulations were violated. If you are considering pursuing a workplace-related product liability lawsuit, you may be able to help your attorneys by gathering as much information as you can about the tool or machine involved and the individuals who trained you how to use it.

Cellphones and distracted driving accidents

January 5, 2017 | by Garmer & Prather, PLLC

The rise in the number of distracted driving accidents in Kentucky and across the country has law enforcement agencies and road safety advocates alarmed. Efforts to warn Americans about the dangers of using electronic devices while behind the wheel have failed to make much of an impression, and the National Highway Traffic Safety Administration has asked cellphone makers to include features that restrict what drivers are able to do with their devices.

The NHTSA wants the companies to produce cellphones that can be paired with modern automobiles or put into a driver mode when pairing is not possible. If the manufacturers comply with the request, the screens on paired devices would only be able to display notifications from emergency services. The proposed driver mode would allow mapping services to work as normal while preventing text messages, photographs and videos from being displayed.

NHTSA is hoping that cellphone manufacturers will welcome the opportunity to be part of the solution to a growing and dangerous problem. According to NHTSA figures, distracted driving car and truck accidents claimed the lives of about 10 percent of the 35,092 Americans who died on the nation’s roads in 2015. Members of the public have until Feb. 3 to submit comments about the proposed measures.

Radiologists often not trained to detect elder abuse

December 30, 2016 | by Garmer & Prather, PLLC

Elder Kentucky residents are often at risk for suffering abuse. However, it can be difficult to detect abuse in the elderly, especially if the person cannot communicate about the mistreatment they are suffering either at home or in a nursing home. Radiologists are often highly trained to detect cases of abuse in children. With the proper training, they could also be able to assist with elder abuse cases.

Although radiologists often have the tools to help in elder abuse cases, a recent study found that very few experts are actually trained to do so. For the research, 19 diagnostic radiologists were interviewed. Only two experts had received any training, formal or informal. However, all of the participants believed that they had missed cases of elder abuse. Even so, the participants were eager to receive additional training.

Elder abuse can be particularly difficult to spot, even with proper training. In particular, signs of elder abuse can be misdiagnosed as age-related changes to bone and tissue, use of certain medication and accidental falls. Furthermore, some patients are still extremely active at an older age while other are bed bound. This can have an effect on radiographic imaging.

Road safety campaign nets thousands of citations

December 21, 2016 | by Garmer & Prather, PLLC

Kentucky residents may be interested to know that 20,648 drivers were pulled over during Operation Safe Driver Week in October. That figure includes both commercial truck drivers and those driving passenger vehicles. There were 19,657 citations or warnings issued in the United States while another 991 were issued in Canada. Of those citations, roughly 75 percent of them were for speeding or other moving violations.

The goal of Operation Safe Driver is to reduce the number of injuries and deaths related to unsafe behavior on the road. Examples of unsafe behavior include speeding or failing to use a safety belt. Other common infractions include driving while distracted or refusing to obey a traffic control device. Of the citations issued to passenger vehicles, 39 percent were for speeding while 20 percent of all citations given to commercial vehicles were for speeding.

During this year’s campaign, 11,182 citations were given to commercial drivers. This was a significant drop from the 13,807 in 2015. However, the number of citations or warnings given to passenger vehicle drivers increased from 7,205 in 2015 to 9,466 in 2016. Numbers were taken from data collected by almost 3,000 law enforcement officials in both the United States and Canada.