California Injury Attorney Blog

As Toyota continues to run its recall program on several car models, it is also trying to piece together the San Diego incident of early last week -- also known as "the runaway Prius." But was it?

Neither the federal government, nor Toyota inspectors, have been able to determine what actually happened to the car that sped up to 94 miles per hour on a San Diego, California freeway before being stopped by a fast-thinking California Highway Patrol officer.

In repeated tests this past week on the Prius that apparently malfunctioned, federal safety personnel and Toyota's experts found the car performed as it should and could not replicate the problem that its owner had on the road last week. "We would caution people that our work continues and that we may never know exactly what happened with this car," NHTSA said in a statement.

Toyota Motor Sales (TMS), U.S.A., Inc. offered findings today on its own testing of the event. While a final report is not yet complete, Toyota says "there are strong indications that the driver's account of the event is inconsistent with the findings of the preliminary analysis."

The initial findings include the following:

• The accelerator pedal was working normally. Prius is not subject to a recall on this component which is made by another manufacturer than those under recall in other models.

• The front brakes did have overheating damage.

• The floor mats were not touching the accelerator pedal.

• The pushbutton power functioned correctly and should have worked as the 911 operator instructed this driver.

• Shifting into neutral was normal.

• The car's computer did not show any trouble codes. There was evidence of a rapid on and off shift between the accelerator and the brake which is not what would happen in an event like this.

Toyota engineers said that the report of this occurrence is puzzling based on the car's engineering. It appears there are two safety systems that would have had to fail at the same time for this Prius to continue out of control. And that may be very unlikely, but possible.

Meanwhile, the federal agency NHTSA continues to check out the claims of approximately 60 Toyota owners who say that their cars had sudden acceleration, even after they were repaired in the recall.

More information on the Toyota recall can be found at www.toyota.com/recall/.

Continue reading "Toyota to Press --Was San Diego Prius Really A Runaway?" »

The US News & World Report recently noted that President Obama's Transportation Secretary has a new passion - turning off the lights. Ray LaHood told the paper that he is intent on saving lives by working to remove the hand-held use of phones and PDA's of drivers. He told Paul Bedard, the author of the column, Washington Whispers, "[w]e are hooked on these machines ... somewhat like an addiction to tobacco or alcohol," he vents.

The California Injury Attorney Blog has promised to keep you posted on the developments in this area. Although many states and cities have taken action to halt the use of these devices, we all drive on the road with other drivers who see no problem with holding phones and texting. Even the federal government is vowing to stop this dangerous practice.

Secretary LaHood says it makes him "crazy" when he sees other drivers holding phones while driving. After a meeting last year with families who have lost loved ones in crashes with texting drivers, he started FocusDriven, an advocacy group to stop cell phone use in cars once and for all. He believes we can do this because we have made progress with other safety measures in cars, like seat belts.

We all know that these practices are not safe. The Secretary wants to get serious about stopping it. He would like to see technology in cars that cuts off these devices once the engine is started. He also would like to see more enforcement of the existing bans on the use of phones and texting while driving. Finally, a federal ban on these practices would help save lives and he would like to see that happen as well.

The California Injury Attorney Blog will continue to keep you posted on developments. On the horizon we see that as car companies add more and more technologies in cars to enable people to talk and drive, this issue will become more challenging. The Secretary would prefer that technologies to support these sorts of distractions be removed altogether from inside vehicles of all kinds.

The US News & World Report polling information on this issue is also of interest.

Related Web Resources

There are many resources to study this issue. For information on distracted driving in a truck or other motor vehicle please visit the NHTSA.

Continue reading "Lights Off for Driving Safety Says Obama's Transport Chief" »

The Associated Press reports that a bus operated by the Van Nuys, California-based company, Tierra Santa, Inc., rolled over on an interstate in Arizona and has left six people dead and 16 others injured.

Tragically, the bus was not operating legally. The Department of Transportation had not approved the operator to engage in interstate transportation of passengers using a commercial motor vehicle. It did so anyway.

The Federal Motor Carrier Safety Administration had denied the company's application to become a passenger carrier in December 2009. The bus crossed the border from Mexico into the United States at El Paso.

Why did this accident happen? We do not know that yet, but the investigation will determine the maintenance status of the bus as well as the driver's attentiveness at the time of the accident.

The accident occurred when the bus hit a pick-up truck, went off the shoulder, tried to move back onto the roadway and began rolling due to the overcorrection. This crushed the bus and several passengers were thrown from it. A second accident took place when another pickup tried to slow down as the bus was in trouble and a car hit that pickup.

The AP notes that federal investigators are already reviewing Tierra Santa's safety operations and confirms that it company never had federal operating authority.
Unfortunately, this could have been avoided had the operator followed the law.

On inspection last August, one bus was determined to be operating illegally and the federal government stopped its trip at that time. That vehicle had many safety issues. The officials are not sure whether that bus is the same vehicle involved in this recent accident.

Related Web Resources

Before you book a trip on a public carrier, such as a bus company, make sure that the company is licensed to carry passengers. Ask for their licensing information if you are uncertain. For more information, visit http://www.fmcsa.dot.gov.

Continue reading "Tragic Bus Accident Kills Six, Injures 16" »

The California Injury Attorney Blog wants you to be safe this spring as you get out on the road on your bike.

The California Department of Motor Vehicles (DMV) notes that every year thousands of people are injured and over 100 killed in bicycle accidents. These accidents can be caused by either the bicyclist's actions or the driver's actions.

As we approach the spring and summer months, here are some important reminders for both bicyclists and motorists. First and foremost, when riding a bike on a public road it is important to remember that the rules of the road apply to you as well as the drivers with whom you are sharing the road. The California Driver Handbook includes the rules and regulations you need to know.

Drivers beware. Before you turn right, merge into bicycle lanes or open doors next to traffic, remember to watch for bikes and respect their right of way.

Bicyclists be informed. Bicyclists should know the basic rules to keep safe which include maintaining control, reducing risk of head injury by always wearing a helmet, staying alert and visible, communicating your intentions and riding with motorists.

Bicycle control. There are several things to remember in controlling your bicycle. Make sure your bike "fits" you and is properly adjusted for your body. Why is this important? It is much easier to control a bike that is properly fit to your body. And when you are properly fit to your bike, you will be less tired while riding and feel more comfortable. Make sure to inspect your bike regularly so that it is working correctly as you ride and need to brake.

Do not drive a bike while under the influence. The California Vehicle Code (VC §21200.5) makes it unlawful to ride a bike while under the influence of drugs or alcohol. If you are under the age of 21, and over the age of 13 a conviction under this law will result in the suspension or the delay of your right to drive a car for one year.

Avoid serious injury -- wear your helmet Sometimes it is easy to forget that even a simple fall can cause a very serious injury. Protect your head and your fragile brain by wearing a helmet. Vehicle Code §21212 requires that bicycle riders under 18 years of age wear a bicycle helmet while riding on a public road. All bike riders should wear a helmet, regardless of age to avoid injury that could last a lifetime.

Enjoy your ride. Next post, we will share some additional things to remember as you get out on the road on your bicycle.

Related Web Resources

For more information on bike safety visit kidshealth.org where you can find all sorts of great information on keeping healthy and safe.

Continue reading "Spring to Safety (part 1) - Avoiding Bike Accidents & Injury " »