Friday, 21 May 2010 22:18

School Bus Wrecks

Written by Law Offices Of Gary Green

Every day parents put their kids on school buses assuming they are safe and in good mechanical condition. On any given day, approximately 47 million elementary and secondary school children board a yellow school bus, yet remarkably few of these buses have seat belts, and an alarming percentage have either not been properly inspected or failed inspection altogether.

While responsible parents would never put their children in an automobile with bad brakes or allow them to ride in an automobile without the use of a seatbelt, the ubiquitous yellow school bus is a vehicular dinosaur.

Though most states have proposed legislation mandating seat belts on school buses, only a handful actually have them. Even fewer mandate their usage. Studies show that students riding on belt-equipped buses roam the aisles less frequently and are more likely to remain seated. Additionally, bus drivers report being less distracted because they have to spend less time handling student misbehavior and can concentrate more on driving safely.

Seat belt opponents argue that school buses already are the safest form of transportation on the road and that equipping buses with seat belts would reduce overall capacity. Private contractors, as well as many school officials who operate a third of the nation’s school buses, have fought the installation of lap belts on school buses for more than 30 years. For the most part, federal and state governments have gone along with them.

Parents should also be reassured that when they put their children on a school bus each day that the vehicle is safe and has passed a recent inspection. Yet surprise inspections throughout the country have shown that nearly 80 percent of these buses fail inspection—over half of which fail for mechanical reasons.

In a recent survey of school bus mechanics, the braking systems were the most common concern expressed. While the effect of wear and tear may seem obvious, many brake problems are concealed. The brakes may appear to be functional when actually little force is being applied to the brake drums. Ideally, all wheels should be doing an equal amount of work, applying and releasing at the same time. Something as simple as maintaining air pressure in the braking system, can prevent a catastrophic failure. Misalignment or brakes that are out of balance are unseen problems, but certainly can be felt by the driver. It is not enough to repair a problem once a defect is found because of the inspection process; inspection programs must be thorough and preventative in nature, and drivers need to know how to recognize a problem before it becomes an incident. In the event of a serious injury, defective brake issues should be thoroughly explored by experts who have full access to the brakes before changes are made.

School buses should be designed to ensure the safety of the millions of children they transport annually and maintenance and proper inspection of these buses should be the rule and not the exception. Any school bus wreck that transpires is not an accident if the problems that cause them are well known. The National Coalition for School Bus Safety found that some operators are making money by running unsafe buses by waiting for state inspectors to identify defects rather than doing preventative maintenance because it would mean removing the bus off the road for a period of time.

Parents have a right to expect that buses are designed and maintained to minimize student injuries. If a member of your family or someone you know has been injured as a result of a collision involving a school bus, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:11

Tire Failure

Written by Law Offices Of Gary Green

When it is over 100 degrees outside you want to keep your speed below 100 miles per hour! Much less, of course. As you are driving, be aware of the relationship of tire blowouts to heat, speed and age of the tires. See the National Highway Transportation Safety Administration report, which long story short, shows that in a hot climate tires four to six years of age should be replaced regardless of age or tread wear. To quickly check the age of your tires, look for the last few digits of a code on the tire which represents the manufacturing date of the tire. For example, the “459” on one tire means it was manufactured the 45th week of 1999. Since 2000, tires are identified using 2 digits for the week and 2 digits for the year. For example, a tire manufactured during the 31st week of 2005 would end with 3105.

Should your vehicle’s tires fail, whether it is due to a manufacturer’s faulty design or simply a poor quality production run, it can have devastating consequences in the form of car wrecks that can lead to brain injury, paralysis and even death.

If you or a loved one have been the victim of an injury due to a car wreck caused by tire failure, please contact us today for an initial consultation to discuss your legal options for making the tire manufacturers responsible. If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:10

Car Accidents

Written by Law Offices Of Gary Green

Motor vehicle collisions are road traffic incidents which usually involve at least one road vehicle colliding with another vehicle, another road user, a stationary roadside object or tire failure, and which usually result in injury or property damage. On average, there are more than 6 million car collisions on the roads of the US, annually.

More than 3 million people are injured due to motor vehicle collisions, with more than 2 million of these injuries being permanent. There are in excess of 40,000 deaths due to car wrecks every year. About 40% of fatalities occur because of a drunken driver. About 30% of fatalities can be attributed to driving above the speed limits and 33% and above, because of reckless driving that causes the car to go off the road and result in a wreck.

The majority of motor vehicle collisions could be avoided if only the vehicle’s operators drove more responsibly. Unfortunately, drivers can be easily distracted by so many things such as conversations with passengers, playing with the radio, eating or drinking, and talking on cellular phones. The collisions that ensue are not accidents if the drivers were responsible for their vehicles. Even if you are a responsible driver and do not give in to distractions, that does not guarantee that you cannot be involved in a collision due to the fault of another careless driver. Knowing how to drive is not enough anymore with so many vehicles on the road. However, knowing how to drive defensively and being cautious of other drivers is one way to improve one’s chances of avoiding a motor vehicle collision.

If you have been involved in a motor vehicle collision, have questions or need additional information please call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 12:10

Passenger Van Wrecks

Written by Law Offices Of Gary Green

Passenger vans were designed in the 1970s when very little testing was done by manufacturers to assess the vans’ propensity to rollover or handling characteristics. These vans are exempt from many federal motor-vehicle safety standards because they are neither considered school busses nor passenger cars. Despite the fact they were originally designed to carry cargo, they often carry people. 15-passenger vans not only have a risk of rollover, but also have weak roofs that crush while rolling over. A passenger van wreck is not an accident when the faults are well known and nothing has been done to change them.

The National Highway Traffic Safety Administration (NHTSA) is an agency responsible for investigating motor vehicle defects and establishing and enforcing safety performance standards. The NHTSA publishes a list of warnings for consumers summarized by the following:

  • Children (pre-school and school-aged) should not be transported in 15-passenger vans
  • The number of occupants in a passenger van greatly increases the risk of rollover. ( 5 + in 15-passenger vans)
  • A passenger van containing only a driver has a rollover rate 5 times less than that of a van with a full passenger load
  • All occupants of passenger vans should wear seatbelts.

Despite these public advisories and warnings, the NHTSA had (only until recently) exempted 15-passenger vans from all federal motor vehicle safety standards.

Furthermore, in 2003 the National Transportation Safety Board (NTSB) recommended the NHTSA strive to improve safety standards in the areas of occupant protection and restraints for passenger vans. The NHTSA now warns people of the dangers of 15-passenger vans, but no new safety standards have been established.

If you have sustained injuries as the occupant of a passenger van, we may be able to help. Call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 12:03

Yamaha ATV Injury

Written by Law Offices Of Gary Green

Injured in an ATV rollover? Design defects increase Rhino rollover risk and have resulted in serious injury and death.

The Yamaha Rhino

The Yamaha Rhino ATV is an All-Terrain Vehicle (ATV) manufactured by Yamaha Motor Company from 2004 – Present. The Rhino is extremely unsafe because it rolls over even when operating at low speeds. Many injuries and deaths have occurred due to the defective design of the Rhino. There are widespread reports of broken legs, particularly the tibia bone, which occur as a result of the vehicle rolling over due to its unsafe design. The Yamaha Rhino all terrain vehicle has been linked with many rollovers due to the following properties:

  • The Yamaha Rhino is narrow, and wider vehicles can be more stable
  • The Yamaha Rhino is top-heavy and therefore has a high center of gravity
  • The Yamaha Rhino has small tires, and small tires give the vehicle less of a platform for stability

Rollover Warning

Experts have questioned the safety of the Yamaha Rhino since its release. In August 2007, Yamaha announced that it would add doors and passenger handles to vehicles manufactured after 2004, but stopped short of issuing a recall of the Rhino. At the same time, Yamaha issued a new product warning label for the Yamaha Rhino that acknowledged the risk of rollover accidents and alerts users that the Rhino can rollover even while operating the vehicle on flat, open areas. In spite of its knowledge of serious injuries resulting from rollovers, Yamaha has not announced a recall of the Rhino all-terrain vehicle.

When confronted with the mounting injuries of Rhino drivers and passengers, Yamaha has simply blamed them for their own injuries. The following statement is from Yamaha:

“While the Rhino has been a reliable and versatile vehicle, some operators have engaged in aggressive driving (such as sliding, skidding, fishtailing, or doing donuts) or made abrupt maneuvers (such as turning the steering wheel too far or too fast) that have resulted in side rollovers – even on flat, open areas. Unfortunately, some occupants have been seriously injured during such rollovers when they put their arms or legs outside the vehicle, resulting in crushing or other injuries.”

The Yamaha Grizzly

The Yamaha Grizzly is a popular ATV (all-terrain vehicle) used by thousands of individuals across the United States. Unfortunately, there have been numerous issues regarding the throttle system “sticking” and causing the ATV to suddenly accelerate. In one case, an individual was backing his Yamaha Grizzly off its trailer when the throttle stuck in the “wide open” position. The Grizzly slammed into a tree, throwing the operator several feet and causing severe, life-threatening injuries.

Law Offices of Gary Green has experience with Yamaha Grizzly sudden acceleration cases. If you or a loved one were injured on a Yamaha Grizzly ATV or any other ATV, contact Law Offices of Gary Green now for a free consultation at 1-888-442-7947 or contact us with an e-mail at ggreen@gGreen.com

Common Injuries

Rhino drivers and passengers have suffered serious injuries when their Rhino rolled over. In some instances passengers have died. Common injuries include:

  • Broken Legs, Ankles or Feet
  • Crushed Legs, Ankles or Feet
  • Broken Arm, Wrist or Hand
  • Crushed Arm, Wrist or Hand
  • Amputation

The Yamaha Rhino and other ATV models are to blame for thousands of deaths and serious injuries each year. It is estimated that more than 146,600 people – more than one quarter of them children – were treated in the United States emergency rooms for ATV-related injuries according to the Consumer Product Safety Commission.

If you or someone you know was injured on an ATV, you should take the following steps to preserve your claim:

First, take several photographs of the ATV as is and the surroundings where the accident occurred, if possible. Do not move anything until the photographs are secured, if possible.

Second, make sure you maintain the ATV in its current condition in a dry, secure place until it can be examined by one of our experts. Do not attempt to repair or discover the defect in the ATV. If you need assistance in this regard, don’t hesitate to call us.

Third, do not make any changes of any kind to the ATV.

Fourth, other than to secure the vehicle, do not let any person operate the vehicle until you contact us.

Fifth, secure and maintain any and all repair invoices, owner’s manuals, documents you received when you purchased the ATV and any correspondence you received from the dealer or manufacturer.

Finally, call us as soon as possible after the injury.

Failure to preserve the ATV immediately after an injury can compromise your rights to recovery.

ATV Lawsuits

Defective Products – Although accidents happen in any vehicle, ATV design defects have caused limbs to be crushed and even death in all-too-frequent rollovers. Consumer advocates blame the injuries and deaths on weak voluntary standards. Many ATV rollover injuries are caused by unstable design. For instance, the Yamaha Rhino was designed with its high center of gravity too high, making the vehicle dangerously unstable.

Product Liability – This is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.

Design Defects – These are errors caused in the initial product design that make the vehicle dangerous. The injured party must show that the harmful product was defectively designed and often needs to show that a safer alternative design was available and feasible. Manufacturing Defects – are flaws that occurred during the manufacturing process; the manufacturer can be at fault if a defect results in injury, no matter what safety steps were in place during the process.

Failure to Warn – Manufacturers must warn customers of any dangers that are not obvious and give instructions for proper use. If the consumer hasn’t been satisfactorily warned, this could mean the manufacturer knows of a potential hazard regarding its product but neglects to tell the consumer and could be the cause of the user’s injuries.

Our on staff lawyers are standing by to answer any questions you may have regarding the Yamaha Rhino or any other ATV rollover litigation. If you or a loved one were injured on a Yamaha Rhino ATV, contact Law Offices of Gary Green now for a free consultation at 1-888-442-7947 or contact us with an e-mail at ggreen@gGreen.com.

Trademark Notice: “Yamaha” is a trademark of Yamaha Motor Company. Law Offices of Gary Green is in no way affiliated with Yamaha Motor Company. The use of this mark is solely for informational and product identification purposes.