Thursday, April 22, 2010

U.S. Transportation Secretary Ray LaHood Announces Major Investigations to Resolve Issue of Sudden Acceleration

U.S. Transportation Secretary Ray LaHood today announced two major investigations designed to answer questions surrounding the issue of unintended vehicle acceleration.
The prestigious National Academy of Sciences – an independent body using top scientific experts - will examine the broad subject of unintended acceleration and electronic vehicle controls across the entire automotive industry. Separately, the National Highway Traffic Safety Administration, which is the Department of Transportation’s auto safety agency, has enlisted NASA engineers with expertise in areas such as computer controlled electronic systems, electromagnetic interference and software integrity to help tackle the issue of unintended vehicle acceleration in Toyotas.
“We are determined to get to the bottom of unintended acceleration,” said Secretary LaHood. “For the safety of the American driving public, we must do everything possible to understand what is happening. And that is why we are tapping the best minds around.”
Secretary LaHood has also asked the U.S. Department of Transportation Inspector General (IG) to review whether NHTSA’s Office of Defect Investigation (ODI) has the necessary resources and systems to identify and address safety defects as it moves forward.
The National Academy of Sciences’ National Research Council will examine the broad subject of unintended acceleration and electronic vehicle controls across the entire industry over the course of 15 months. This will not be limited to Toyota, but will cover all manufacturers. A panel of experts will review industry and government efforts to identify possible sources of unintended acceleration, including electronic vehicle controls, human error, mechanical failure and interference with accelerator systems. The experts will look at software, computer hardware design, electromagnetic compatibility and electromagnetic interference. The panel will make recommendations to NHTSA on how its rulemaking, research and defect investigation activities may help ensure the safety of electronic control systems in motor vehicles.
The NHTSA review of the electronic throttle control systems in Toyotas is to be completed by late summer. NHTSA has brought in NASA engineers and other experts in subjects such as electromagnetic compatibility as part of a shorter-term review of the systems used in Toyota vehicles to determine whether they contain any possible flaws that would warrant a defect investigation. NASA’s expertise in electronics, hardware, software, hazard analysis and complex problem solving ensures this review will be comprehensive. Currently there are nine experts from NASA assisting NHTSA, and additional personnel will join the team if needed.
Both studies – from the National Academy of Sciences and from NHTSA – will be peer reviewed by scientific experts. The total cost of the two studies is expected to come to approximately $3 million, including the cost of purchasing cars that have allegedly experienced unintended acceleration to be studied.
Finally, Secretary LaHood asked the U.S. Department of Transportation Inspector General to assess whether the NHTSA Office of Defects Investigation conducted an adequate review of complaints of alleged unintended acceleration reported to NHTSA from 2002 to the present. The IG will also determine whether ODI had the appropriate number of personnel and staff expertise to assess and address the technical issues raised by the complaints and whether the data was sufficient to identify specific defects that caused unintended acceleration. That information will help DOT officials determine whether more resources are necessary for pursuing defect investigations.
"We are bringing the best minds and talents to resolve this issue," said NHTSA Administrator David Strickland. "We will not rest until we have identified and addressed any potential vehicle-related causes of unintended acceleration."

Tough New Braking Rules For Large Trucks Will Save Hundreds of Lives Annually

The National Highway Traffic Safety Administration today issued stringent new braking standards that will save lives by improving large truck stopping distance by 30 percent.

NHTSA estimates that the new braking requirement will save 227 lives annually, and will also prevent 300 serious injuries. It is estimated to reduce property damage costs by over $169 million annually.
“Safety is our highest priority,” Secretary LaHood said. “Motorists deserve to know they are sharing the road with large trucks that are up to the safest possible standards, so they can get home alive to their families.”
The new standard requires that a tractor-trailer traveling at 60 miles per hour come to a complete stop in 250 feet. The old standard required a complete stop within 355 feet.

The new regulation will be phased in over four years beginning with 2012 models.
The new rule should speed up the introduction of the latest brake technology into America’s freight hauling fleets and will help truck drivers avoid collisions with other vehicles.

The new rule applies only to truck tractors, and does not include single-unit trucks, trailers and buses.
The latest statistics from NHTSA show that large commercial vehicles continue to show a decrease in their involvement in fatal crashes. In 2008, 4,229 people were killed in crashes involving large trucks, down 12 percent from the 4,822 deaths recorded in 2007.
To read the final rule, click here

Traffic Fatalities for 2009 Reach Record Low

The U.S. Department of Transportation today announced that the number of overall traffic fatalities reported at the end of 2009 reached the lowest level since 1954, declining for the 15th consecutive quarter. According to early projections, the fatality rate, which takes into account the number of miles traveled, reached the lowest level ever recorded.
“This is exciting news, but there are still far too many people dying in traffic accidents,” said U.S. Transportation Secretary Ray LaHood. “Drivers need to keep their hands on the steering wheel and their focus on the road in order to stay safe.”
The projected fatality data for 2009 places the highway death count at 33,963, a drop of 8.9 percent as compared to the 37,261 deaths reported in 2008. The fatality rate for 2009 declined to the lowest on record, to 1.16 fatalities per 100 million Vehicle Miles Traveled (VMT) down from 1.25 fatalities per 100 million VMT in 2008.
“This continuing decline in highway deaths is encouraging, but our work is far from over,” said National Highway Traffic Safety Administrator David Strickland. “We want to see those numbers drop further. We will not stop as long as there are still lives lost on our nation’s highways. We must continue our efforts to ensure seat belts are always used and stay focused on reducing distracted and impaired driving.”
The National Highway Traffic Safety Administration attributes the decline in 2009 to a combination of factors that include, high visibility campaigns like Click It or Ticket to increase seat belt use, and Drunk Driving. Over the Limit. Under Arrest which helps with the enforcement of state laws to prevent drunk driving and distracted driving. In addition, the decline is also the result of safer roads, safer vehicles and motorists driving less.
NHTSA annually collects crash statistics from the 50 states, the District of Columbia and Puerto Rico to produce annual reports on traffic fatality trends. The agency intends to update 2009 estimates regularly as more data becomes available. The final counts for 2009 will be made available in the summer of 2010. To view the preliminary fatality statistics visit: http://www-nrd.nhtsa.dot.gov/Pubs/811291.PDF

Secretary LaHood Applauds Kentucky and Nebraska Bans on Texting for All Drivers

DOT 72-10
Friday, April 16, 2010
Contact: Olivia Alair
Telephone: (202) 366-4570

Secretary LaHood Applauds Kentucky and Nebraska Bans on Texting for All Drivers

WASHINGTON - U.S. Transportation Secretary Ray LaHood today applauded Kentucky Governor Steve Beshear and Nebraska Governor Dave Heineman for signing anti-texting-while-driving bills into law for all drivers in their states. In Kentucky, the new law also prohibits drivers under 18 from using cell phones behind the wheel at any time. In Nebraska, state law already forbids teen drivers with provisional licenses, learner's permits or school permits from texting or talking on cell phones.
“The streets in Kentucky and Nebraska will be safer with these laws on the books,” said Secretary LaHood. “Distracted driving is an epidemic that kills thousands and injures hundreds of thousands more every year. Drivers should always devote their full attention to the road, not to texting and talking on a cell phone.”
Earlier this week, Nebraska became the 22nd state to ban texting for all drivers. Under the ban, texting while driving is a secondary offense which allows law enforcement officials to ticket drivers if they are pulled over for another offense.
Kentucky is the 23rd state to ban texting for all drivers. The new law prohibits texting while driving for drivers of all ages, except in the case of an emergency. The law is stricter for drivers under 18, who may not text or talk on cell phones behind the wheel.
NHTSA has developed sample legislation that states can use as a starting point s to craft measures to ban texting. The sample bill is patterned after President Obama's October 1, 2009, Executive Order prohibiting federal employees from texting while operating government-owned vehicles and equipment. Last year, more than 200 distracted driving bills were under consideration by state legislatures, and the pace is expected to increase this year.
Research compiled by the National Highway Traffic Safety Administration attributed an estimated 6,000 deaths and half-a-million injuries to distracted driving in 2008 alone. Last week, Secretary LaHood launched pilot programs in New York and Connecticut as part of a “Phone in One Hand. Ticket in the Other.” campaign to study whether increased enforcement and public awareness can reduce distracted driving behavior.
For more information on distracted driving and the Department of Transportation's work, visit www.distraction.gov.

Wednesday, April 21, 2010

Teen Distracted Driving

Teen Drivers
For many teens, the acquisition of a driver’s license is an important rite of passage. Though states require a considerable amount of road time before a teen can get his/her license, teens are still generally considered to be inexperienced drivers. The new-found freedom behind the wheel, independence from adult supervision and youthful sense of immortality can have dangerous consequences.According to the Centers for Disease Control and Prevention, automobile accidents are the leading cause of death for teens in the U.S. Each year, roughly 350,000 teens are treated in hospital emergency rooms for injuries sustained in a motor vehicle accident. Roughly 4,000 teens die from their injuries. Mile for mile, teens are 16 to 19 times more likely to have an accident than older drivers. Male teen drivers are almost twice as likely to die in a motor vehicle accident as female teen drivers. 

Distracted Driving Distracted driving occurs when the operator of motor vehicle fails to maintain complete attention to the primary task of driving. There are three main types of distractions: visual (i.e., taking your eyes off the road), motor (taking your hands off the steering wheel) and cognitive (taking your mind off the driving task).According to the National Highway Traffic Safety Administration, distracted driving led to nearly half a million injuries and 6,000 deaths in the U.S. during 2008. The CDC reports 80 percent of motor vehicle crashes occur within 3 seconds of driver distraction. 

Distracted Teens Distracted driving among teens is a big concern for public health officials. There are many sources of distraction for teens, like music, passengers and activities outside the car. Currently, there is a great deal of concern for distracted driving while using a cell phone. The organization, Impact Teen Drivers, reports about 80 percent of teens own a cell phone. Roughly half of all teens talk on a cell phone while driving.Teens who are talking on a cell phone don’t have full concentration on the road. When combined with immaturity and inexperience, cell phone use can be a dangerous combination.

The National Highway Traffic Safety Administration reports drivers who talk on a cell phone (both hand-held and hands-free) while driving have the same reaction time as someone with a blood alcohol concentration of .08 percent (the level at which a driver is considered to be legally drunk).The distracted driving situation is worse for teens who text while driving. The Federal Motor Carrier Safety Administration reports drivers who text take their eyes off the road for 4.6 to 6 seconds for each text they send or receive.

At a speed of 55 miles per hour, that means the driver has his/her eyes off the road for a distance longer than a football field.At the University of Alabama at Birmingham, researchers are studying the distractive effects of cell phone use among 16- to 18-year-old drivers. The teens use a driving simulator to assess their overall skills while having to deal with common driving situations (like a pedestrian stepping off a curb, a stop light changing from yellow to red or a sudden stop by the driver in front). Next, the teens use the simulator while receiving and sending text messages from a researcher.

Finally, the driving simulation is done while the teen is using a hand-held cell phone. Most of the participants agreed that talking on a cell phone and texting was dangerous for other people to be doing. However, the teens were also likely to believe they themselves could safely talk and text while driving. Injury Control Researcher Despina Stavrinos, Ph.D., says it’s hard to get the message across about the dangers of distracted driving. The simulations show teens perform poorly when driving while distracted, yet teens still think they are the best and most careful drivers in the world.

Many states and municipalities are considering, or have enacted laws prohibiting cell phone use or texting while driving. Teens are more likely to obey the laws if there are serious consequences for failing to obey it (like temporary loss of a driver’s license). However, Stavrinos says parents are still the most influential force when it comes to shaping a teen’s driving behaviors.Federal authorities are attempting to reduce distracted driving by pushing for bans on texting while behind the wheel of a motor vehicle.

On January 26, 2010, The U.S. Department of Transportation announced the passage of a ban on texting by drivers of commercial vehicles. Those who are caught texting while driving can be fined up to $2,750. On February 22, U.S. Transportation Secretary Ray LaHood, presented sample legislation to be used by states attempting to develop laws prohibiting texting while driving.

Key differences between motorycle accident cases and car accident cases

If I were to ask you how juries and insurance adjusters perceive motorcyle cases and auto cases, you might answer that they perceive them in exactly the same way. After all, they're both motor vehicles that could crash or be hit for any number of reasons, causing various levels of damage and injury depending on the type of crash.
But you would be wrong. While many road rules and law provisions apply to motorcycles and automobiles equally, the way in which the two types of cases are handled can often turn out to be very different.
For instance, like it or not, many juries come into a motorcycle case with a preconceived notion that motorcyclists are all reckless daredevils who deserve whatever happens to them on the road. And while we've all noticed one or two motorcyclists zip through traffic at ridiculous speeds before, most motorcyclists are law-abiding citizens who are just as cautious as automobile drivers, and who get into accidents through little-to-no fault of their own.
Furthermore, most jury members probably drive an automobile rather than a motorcycle, and so it is automatically harder for them to understand the motorcyclist's driving conditions. For instance, did you know that motorcyclists will "lay their bikes down" as a way to avoid a more dangerous crash? Most car drivers see motorcyclists doing that and they assume it was because the driver lost control of his bike or was driving too fast. This lack of understanding of how motorcycles work can make it very difficult for motorcyclists to get fair representation in court.
The injuries suffered by a motorcyclist are almost always different than the injuries sustained by an automobile driver. Since motorcyclists are much more exposed, it takes a much less severe crash to cause them greater injuries. Motorcyclists also often experience what is insufficiently dubbed "road rash"; it sounds as harmless as a rug burn to people who have never had one, but in reality it is often the most painful part of a motorcycle crash.
Motorcyclists often need specialized representation in court, especially since insurance companies are aware of the biases that are set against motorcyclists from the beginning. If you are in a motorcycle accident, make sure that your lawyer understands the needs of a motorcyclist, so that he or she can help win the jury in your favor.

Peter A. Kuhnmuench: Catastrophic claims info is readily available

A recent editorial ("Shed light on process") points out the need to clear up misconceptions about the role of the Michigan Catastrophic Claims Association (MCCA) in our state's auto insurance system. It is true that Michigan's no-fault insurance law mandates the highest level of medical benefits in the country. Michigan's no-fault law provides unlimited, lifetime benefits for all reasonable and necessary medical treatment for auto accident-related injuries. Most people may not realize the benefit of that coverage and it bears repeating - there is no cap for medical benefits for those injured in an auto accident.




That means if someone you know is catastrophically injured in an auto accident and needs lifetime care, it is covered with help from the mechanism we know as the MCCA. Insurance is the sharing of risk. We all pay premiums to cover the costs of not only our claims, but others who also pay into the system. The same is true of the MCCA. The MCCA covers the cost of these catastrophic claims and then assesses all auto insurance companies in the state to help pay for them. Insurance companies do pass these costs onto auto insurance policyholders.
Contrary to the contention of the Battle Creek Enquirer editorial, however, there is nothing "hidden" about the process by which the MCCA determines its annual assessments. The law requires that the MCCA assess an amount that is sufficient to cover the lifetime claims of all persons catastrophically injured in that year. During the period of July 1, 2010, through June 30, 2011, it is estimated that 1,200 individuals will be catastrophically injured in auto accidents. The MCCA board makes the assessment determination based on reports prepared by two independent actuarial firms which estimate the costs of those catastrophic injuries.
The allegation that the public doesn't have the ability to see and hear how and why these decisions are made is inaccurate. In fact, the governor's own-appointed insurance commissioner is a member of the MCCA Board of Directors. While no one would advocate for the disclosure of the personal information associated with individual claims that may be discussed at a meeting, the financial aspects of those meetings are not only appropriate for public discourse, but largely disclosed on the commissioner's own Web site.