Review Insurance Before a Car Accident

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Local injury attorneys have seen an alarming increase in the number car accidents caused by drivers with very low auto insurance coverage. What this means for accident victims is that the driver who caused their accident probably won’t have enough insurance to compensate them for their injuries.

Unfortunately, a seriously or catastrophically injured person does not have much recourse against a driver who doesn’t have adequate insurance coverage.

Worse, it’s usually after they’ve been injured that crash victims find out their own auto policies don’t offer the “full coverage” they thought they had.

Recently a young mother and her daughter were driving through an intersection when a driver made a left turn and t-boned their vehicle. The mother suffered a severe leg fracture.

The driver who caused the car accident had a minimal policy of $15,000, which is all the mother was able to collect, even though her medical expenses exceeded $75,000.

Our office reviewed the mother’s auto insurance policy in the hopes she had underinsured motorist and medical payments coverage.

She did not have med pay, which would have helped with medical expenses and liens that were filed against her settlement, but she did have underinsured motorist coverage. She also had a minimal policy, so even though she had suffered a catastrophic injury, the most she was able to collect from her UIM claim was another $15,000.

Keep in mind that when purchasing auto insurance, you want to make sure you protect yourself and your loved ones in case of a car accident.

We recommend you add uninsured, underinsured and medical payments to your policy, and that you give serious consideration to the amounts of coverage you need for adequate protection.

Take the example of a single-income parent working as a hair stylist who suffers a shoulder injury in a motor vehicle accident. An absence of several months from work or an inability to ever return to her job could have dire financial consequences.

Such person will be well advised to carry at least $100,000 in UM and UIM coverage, and at least $5,000 in medical payments. The cost is relatively low compared to liability premiums.

Uninsured motorist coverage will protect you if the person who injures you does not have any auto insurance; underinsured motorist coverage kicks in if the person who causes the accident does not have enough insurance to cover your injuries; medical payments reimburses you for accident-related medical expenses. It’s a good idea to add med pay to your auto policy even if you have medical insurance.

The words “full coverage” as they relate to auto insurance are meaningless unless you review your policy’s Declarations Page and determine what it covers if you’re the victim of a car crash.

Take a few minutes to review our previous blog posts to learn more about Auto Insurance Terms, and why you should carry Uninsured, Underinsured and Medical Payments coverage.

A few more considerations about UM, UIM and Med Pay: using this coverage will not increase your insurance premiums, and it is transferable to any relative related by blood or marriage who is living in the same household as the policy holder.

Making sure you’re adequately covered by auto insurance in case you’re the victim of a car accident is smart planning.

Prevent Car Accidents: Check for Recalls

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A worried young woman called our office with an unusual question related to car accidents. She wasn’t calling about a catastrophic injury, a wrongful death, or a car accident she’d been in—she was calling about an accident she was afraid she was going to have.

She explained she had purchased a new car in 2014, but had been having problems with the car stalling. She had taken it to the dealer several times with no success. They would check her car and tell her they couldn’t find anything wrong with it. She said knew something was wrong and she was very concerned. She had recently had a close call when her car stalled while she was going through an intersection, and she was almost in a t-bone collision.

The caller did not associate the vehicle recall crisis of the past few years with her car’s problem. She didn’t realize that her car could be one of the millions of vehicles that have been recalled over the past several years for defects ranging from faulty airbags, ignition switches, tires, fuel tanks, etc.

Our office performed an internet search of recalls of her vehicle’s make, model and year, and quickly determined that her car was being recalled for the engine stalling. She was in disbelief that the dealer would not tell her about the recall or fix the problem with the engine.

Is Your Car Being Recalled

Consumers can make sure their car is up-to-date on the latest recall action with a simple internet search. If your vehicle is the subject of a recall and you don’t take action, it can lead to car accidents that can cause serious injury or wrongful death. For example, some drivers who have been in auto accidents in vehicles equipped with Takata airbags, which shoot debris into the cabin of a car, have been killed and others seriously disfigured by these airbags.

To find out if your vehicle is part of a recall, enter its vehicle identification number at safercar.gov, which is a website run by the National Highway Traffic Safety Administration. If you find your vehicle has a defective part that needs to be replaced, contact the dealer immediately to schedule an appointment.

Caution When Buying Used Vehicles

Typically, consumers performing their due diligence when buying a used car take the vehicle to a trusted mechanic for an inspection and ask the seller for a Carfax report. Consumers should now add another step to their research and check the vehicle’s recall history. Again, it’s easy to do at the NHTSA safercar.gov website.

New Vehicles May Also Have Recalled Parts

A recent congressional report raised concerns that new cars are being sold with defective Takata airbags. Consumers need to be aware that some car manufacturers are selling new vehicles equipped with defective parts, and these cars will be the subject of recalls as they’re being driven off the lot. When buying a new car consumers must ask the dealer to confirm if their vehicle was made using any defective parts that are involved in a recall, and if the parts will be replaced before the sale of the vehicle is completed.

Report Car Issues

Consumers should frequently check their vehicles at safercar.gov for any recall activity, but if there is an issue with their car that they feel has not been identified, reporting the problem to NHTSA will help regulators hold auto manufacturers to the highest standard of auto safety.

NHTSA won’t subject a vehicle class to a recall until they make sure the problem is serious. Timely reporting of issues by consumers will help make the process of recalling defective parts more efficient. Safercar.gov allows consumers to File a Complaint and report issues with their vehicles that that may not yet be part of a recall.

Consumers should be able to trust that the vehicle they purchased was made without defective parts, and if the manufacturer identifies an issue, that they will notify owners immediately and correct the problem.

 

 

Sharing the Road with Tractor Trailers

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Ever wonder what the chances are of surviving a collision with a tractor-trailer? A great many factors would determine the outcome. The most significant of these are the size, speed and weight of the tractor-trailer, the state of alertness of the truck driver, and the prevailing road and weather conditions.

By learning some defensive driving techniques to help circumvent the dangers these enormous vehicles pose, you can greatly increase your chances of staying safe and avoid an accident when you share the highway with them.

Keep Your Distance

Semi trucks with trailers can weigh over 80,000 pounds, or 25 to 40 times more than most cars. This incredible amount of weight means it is impossible for them to quickly come to a complete stop. Further, they cannot maneuver easily, so their ability to change lanes or avoid an obstruction on the highway is seriously impeded. Therefore, always keep a safe distance from any tractor-trailer. Never change lanes abruptly, or forget to use your turn signals near these large trucks.

When passing a semi truck, do it quickly to minimize the amount of time you will be driving alongside them. When passing a truck pulling a trailer, the trailer could swerve into your lane unexpectedly. Stay a safe distance behind the rig (a minimum four-second following distance) in case pieces of tire tread or any other parts of the truck fall off and into your path.

Assume the Truck Driver Cannot See You or Hear You

The driver of a truck cannot see you if you cannot see the driver in one of the truck’s rear view mirrors. Even then, assume the driver is tired or not paying attention.

Big rigs have large blind spots, called “no zones.” This means a truck driver many not see your vehicle when you are behind or to the side of the truck. Equally important is to pay close attention when the truck is signally to turn, and to its brake lights.

Never assume the truck driver will be able to hear your horn. A music system, radio, air conditioning, or typical truck noise may prevent the driver from hearing sounds outside of the truck cab.

When Stopping, Pull Way Off the Road

Truck drivers are conditioned to follow traffic. A driver who is tired and not paying attention could inadvertently drive directly into your vehicle without realizing you have stopped, particularly at night. If you cannot get your car far enough from away from the highway, it may be best to get out of your vehicle and stay as far away from it as possible. If visibility is poor due to smoke, fog, snow, rain or dust, or at night, turn your lights off so other drivers will not assume your vehicle is in motion on the highway.

Be Cautious During Adverse Road Conditions

When sharing the road with tractor-trailers, all precautionary measures become far more critical during adverse or unusual driving conditions. One reason is that big rigs are particularly susceptible to bad weather, detours, heavy traffic, construction zones, roads in need of repair, or atypical road conditions such as exit ramps, bridges, obstructions in the road, or sharp curves. Be extra cautious when driving near any tractor-trailer under these circumstances.

Understanding the challenges posed by tractor trailers will greatly increase your chances of keeping you and your family safe when you’re on the road.

Pledge to Stop on Red

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How often have you noticed another vehicle speeding past you or accelerating through a yellow light, only to find both of you waiting at the next stop?

Exceeding the speed limit to “beat the light” is illegal and could result in dire consequences.

According to the National Coalition for Safer Roads, in 2013, 127,000 people were injured and 697 people were killed in accidents caused by red light runners. Between 2004 and 2012, more than 7,000 people were killed in accidents involving drivers running red lights.

In Arizona, red light running is a serious problem. The National Coalition for Safer Roads ranked cities with the highest number of fatalities due to red-light running from 2004-2013. Tucson ranked 9th and Phoenix ranked second on the list of the 10 Most Dangerous Cities for Red Light Running.

And like drivers in DUI accidents, the red light runner who causes a collision isn’t always the one most seriously injured. The Insurance Institute for Highway Safety reports that half the fatalities caused by red light runners are pedestrians, bicyclists and occupants in other vehicles.

Who is the Typical Red Light Runner?

What driver is most likely to be running a red light? A 1996 study by the National Insurance Institute found that the red light runners were younger drivers who had poor driving records. In a 2013 study of red light running car crashes that involved fatalities, the Institute found that “the red light runners were more likely than other drivers to be male, to be younger, and to have prior crashes or alcohol-impaired driving convictions.”

Know the Red Light Rule in Arizona

Arizona applies the “permissive yellow rule” to red light running infractions. The Federal Highway Administration defines the rule as:

  • Driver can legally enter intersection during entire yellow interval
  • Violation occurs if driver enters intersection after onset of red

The ramifications of causing a car accident at an intersection can be catastrophic for its victims and result in serious consequences for the offending driver. A driver who is found to have been recklessly speeding through an intersection, running a red light and causing a fatal car accident puts himself at risk of being charged with manslaughter or negligent homicide.

Research on driver attitudes towards red light running shows that there’s a disconnect between what most drivers know they should be doing and what they actually do.

A study by the AAA Foundation for Traffic Safety found that although more than half of drivers interviewed agreed red light running is a “very serious threat” and more than 72% agreed it is “unacceptable,” more than a third of drivers admitted to running a red light in the previous 30 days.

Experts say that to stop red light running, drivers need to slow down, limit distractions, and stop on red. It may save lives.

 

 

Exploding Jeeps: A Lesson Not Learned From the Ford Pinto

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Remember the popular Ford Pinto that turned out to be a deadly ride if rear-ended?

In 1970, Ford decided to move ahead with production of their new Pinto, even though their engineering crash tests showed it had a flawed design that would cause the gas tank to explode if the car was hit from behind. An estimated 500 people died in rear-end collisions involving Pintos.

A hauntingly similar problem involves Chrysler’s Jeep Grand Cherokee and Liberty SUVs, which are designed with cheap plastic fuel tanks that can easily rupture in rear-end collisions because the tank is positioned between the rear axle and the bumper. Like the Pinto, these exploding Jeeps have caused death and destruction on America’s roads.

NHTSA Fails to Protect Jeep Passengers

In 2010, the National Highway Traffic Safety Administration began an investigation of the Jeep Grand Cherokee model years 1993-2004 and the Jeep Liberty model years 2002-2007. NHTSA’s investigation found at least 37 accidents and 51 wrongful deaths were related to the Jeep SUV’s gas tank issue. Even though NHTSA estimated 5.1 million vehicles were affected, they ordered a voluntary recall of only 2.7 million Jeeps in June 2013.

Fiat Chrysler Automobiles immediately resisted the order, announcing their vehicles were safe and disputing the number of deaths attributed to the problem. Two weeks later Fiat Chrysler acquiesced but stated they would only recall 1.56 million vehicles.

Sergio Marchionni, the CEO of Fiat Chrysler, Transportation Secretary Ray LaHood, and the head of NHTSA, David Strickland, met in the summer of 2013 to determine how Chrysler would correct the problem. They agreed that Chrysler would install a trailer hitch to the recalled vehicles.

However, the agreement allowed Chrysler to install fake, non-functioning trailer hitches. They would not provide wiring capabilities to connect trailer brakes, nor were these hitches capable of safely towing trailers or loads. In fact, dealers were instructed to tell vehicle owners not to use the trailer hitches for any type of towing. Worse, their engineers knew that the hitch would provide almost no safety improvement in crashes over 20 miles per hour.

Today, only about a third of the recalled Jeeps have been retrofitted with the tow hitch because of a delay in manufacturing the part.

Jeep a Tragic Ride Back to the Future

Over four decades ago, Ford proceeded with production of the Pinto after an internal “cost analysis” determined that it would be more expensive to correct the gas tank’s flawed design than to pay out catastrophic injury and wrongful death settlements. After the truth was exposed in an article by Mother Jones, a mandatory recall was ordered, and lawsuits and criminal charges ensued. It took the Ford corporation years to repair its reputation.

Last week, a Georgia jury awarded $150 million in a wrongful death verdict to the family of a 4-year-old boy who was killed in 2012 when the Jeep Grand Cherokee he was riding in exploded after being rear-ended. The fuel tank was punctured during the crash and leaked fuel which ignited, burning the young boy to death in the back seat of the vehicle.

The death of the 4-year-old boy is just one of at least 50 deaths that are attributed to the Jeeps’ fuel tank issue. Consumers are now left questioning the failure of this corporation along with the regulatory agency that let these vehicles remain on the road.

NHTSA in Bed with Big Auto

NHTSA claims that consumer safety is their number one priority. But if that is to be believed, why did they allow Chrysler to negotiate the number of vehicles to be recalled, putting corporate profits ahead of consumer safety? Why was Chrysler allowed to proceed with an inadequate fix of their SUVs, and why have they been allowed to drag their feet bringing in the defective vehicles to install this very inadequate fix?

It shouldn’t come as a surprise that David Strickland, who stepped down as the head of NHTSA in 2014, now works as a lobbyist for a law firm that represents auto manufacturers, and which counts Chrysler as one of its clients.

Corporations need to be held accountable. The subordination of human safety to corporate profits is an issue that should have been resolved with the Ford Pinto litigation in the ‘70s. A $150 million wrongful death verdict may be the only way Chrysler will feel pressured to improve its vehicles, and it will send a message to other auto makers that they will be held accountable. An even stronger message can be sent by the Court by preserving the jury verdict and forcing Fiat Chrysler to pay the family every last cent of the $150 million award.

Consumers who own a recalled Jeep SUV may file complaints with the Center for Auto Safety or the National Highway Traffic Safety Administration and the Office of Defects Investigations at Safercar.gov.

 

GM Recalls Vehicles that Pose Fire Danger

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General Motors is in the middle of the largest safety crisis in automobile history. Over the past year, GM has issued 62 recalls, affecting 29 million vehicles. The most serious safety defect, caused by faulty ignition switches that spontaneously disengage while the car is in motion, have resulted in at least 23 deaths.

In the latest recall issued last month, GM targets over 221,000 Cadillac XTS and Chevrolet Impalas for brake pads that stayed engaged after the driver’s foot was off the pedal. GM said the problem was caused by the “electronic parking brake arm that applies pressure to the back of the brake pads not fully retracting after use.” This malfunction could lead to increased friction between the brake pads and the rotor, and could cause a fire.

Models years affected by the recall include 2013-2015 Cadillac’s XTS’ and 2014-2015 Impalas.

Another GM recall that involves vehicles with defects that pose a fire danger was announced last June. 189,000 SUVs are included in the recall that targets window switches that can catch on fire. GM admitted that the problem is caused when water leaks into the door panels where the switches are located, resulting in rust that can cause short circuits and overheating, and possibly fires. At least 28 vehicles have been reported to have caught on fire.

Recalled models include 2006 and 2007 Chevrolet Trailblazer, GMC Envoy, Buick Rainer, Isuzu Ascender, and Saab 97-X.

GM anticipated the parts for the repairs to be available in October. Until their SUVs are repaired, GM is advising owners they should park their SUVs in open areas and not in garages or carports. GM has also advised dealers not to sell affected used SUVs until the part is replaced.

Before placing yourself and your family at risk of being in a car accident or other danger, find out about GM recalls at the GM Recall Center or the National Traffic Highway Safety Administration recall website at Safercar.gov .