Posts Tagged ‘Car Accident Lawyer’

Driving the Most Dangerous Part of America’s Jobs

Wednesday, October 12th, 2011

When most people think of on-the-job-injuries, they think of falls, working with heavy machinery, factory or construction site injuries, and even chemical spills and exposures. However, the single leading cause of work-related deaths is far more commonplace: motor vehicle accidents.

Over one-third of all work-related fatalities stem from motor vehicles. According to data kept by the U.S. Bureau of Labor Statistics, over 1,300 American workers are killed each year in highway crashes. Over 300 more American workers die each year in crashes that occur on company property, or non-highway roads. And nearly 350 American workers die each year when, as pedestrians, they are struck by cars and other vehicles.

This cost in human life is astounding – and these do not even include the thousands of U.S. workers injured or disabled by work-related motor-vehicle crashes each year.

Yet there is another level of cost, as well. Motor vehicle accidents cost American employers almost $60 billion each year. Each fatality, in addition to the very real personal costs, costs employers over a half a million dollars, while non-fatal motor vehicle injuries cost employers almost $75,000 each.

As our car accident attorneys know only too well, unlike other types of on-the-job injuries, motor vehicle accidents span nearly every job type and industry.

Lack of Regulation

Perhaps most obviously, professional drivers (such as bus or truck drivers) may be involved in on-the job crashes.  But nearly every other type of worker may, frequently or from time to time, driver a work-owned or personal vehicle for purposes of their employment. For example, workers may be sent to call on current or prospective customers or clients, may be asked to drive to purchase or obtain goods or supplies, or may be sent on other errands.

While bus and truck drivers are heavily regulated to prevent crashes, workers who drive smaller vehicles in the course of their employment need only have a valid personal driver’s license.

In this regulatory gap, employers can enact policies that will help reduce the risks for their employee drivers and the public. For example, employers can enact policies that aim to eliminate or reduce distracted driving, a principal roadway risk. Employers can prohibit workers from eating or drinking while driving, talking on cell phones, or texting.

Our car accident attorneys encourage all employers to enact such policies, and provide regular safe-driving training for all employees who drive on the job. In fact, the failure to adopt such policies, particularly when driving is a common part of some employees’ job duties, may well be negligent. If you have questions about how to draft or implement such policies, talk to a qualified attorney.

If you have any questions about a serious injury or wrongful death, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

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An Egregious Case of Distracted Driving

Tuesday, May 10th, 2011

Here at Passen Law Group, our experienced car accident attorneys have long spoken out regarding the dangers of distracted driving.  We have examined the growing menace of distracted drivers on our roads, and the increasing toll it is taking on the lives and livelihoods of innocent members of the public.

Almost since driving began, there have been distracted drivers on America’s roads, endangering others.  A generation ago, drivers who chose to eat while driving were the menace of the day.  As technology advanced, and radios were updated, drivers changing tapes and then cds while driving were added to the list.  Then came the advent of wireless technology, and with it, drivers dialing or talking on the phone, then drivers emailing and texting, all while driving a two-ton weapon.  It seems that many drivers have lost track of the responsibility of being behind the wheel:  stories of people doing their hair or makeup, even polishing their nails, are now the norm.

Our auto injury lawyers are dumbfounded to report that the latest story out of Key West, Florida goes beyond all that.

Last week, Megan Mariah Barnes, a thirty-seven-year-old woman, was driving to meet her boyfriend in Key West.  With her in the car, and seated in the back seat, was her ex-husband.

Ms. Barnes decided that she wanted to look her best for her visit with her boyfriend.  So, since she was headed for the beach, naturally she needed to shave her bikini line.  She chose to do so while driving.  Ms. Barnes, still in the driver’s seat, began her grooming, while her obliging ex-husband reached forward from the back seat and held the steering wheel.

As anyone with even a shred of common sense can easily predict, Ms. Barnes’ behavior led to an serious car accident.  In this case, all involved were lucky – no one was killed, and only two cars were involved.

However, this obviously does not excuse Ms. Barnes’ negligent behavior.  Choosing to engage in activities – whether personal grooming, communications, or otherwise – which divide or divert the driver’s attention from the road, or keep the driver’s hands occupied, is negligence, plain and simple.  When these activities lead to deaths, which they often do, the distracted driver is also liable for wrongful death.

Although criminal laws and regulations against distracted driving are proliferating, the incidents only seem to get worse.  It seems that only harsh civil penalties, and the specter of financial ruin, will deter these dangerous drivers.

For example, in Ms. Barnes’ case, she was charged with reckless driving, leaving the scene of a wreck with injuries, and driving without insurance.  Nor was this was not a first offense – indeed, the very day before this incident, she was convicted of a DUI (with a prior) and driving with a suspended license.  Accordingly, this time around she was again charged with driving with a suspended license.  If convicted, she could face up to one year in jail.

The threat of criminal charges – even her prior criminal convictions – were not enough to convince Ms. Barnes (like many others) to behave responsibly.  This is why those injured by distracted drivers, and the loved ones of those killed, must take action.  If you or someone you love has been seriously injured by a distracted driver, we urge you to talk to a lawyer, and consider bringing a civil action.  There is no telling how many lives you might save.

For a free consultation with an experienced Chicago automobile accident lawyer at Passen Law Group, call us at (312) 527-4500.

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Good News on Traffic Safety

Tuesday, April 26th, 2011

With the seemingly never-ending flow of motor vehicle accidents in the United States, including many that lead to fatalities or permanent, severe disability, the Chicago car accident attorneys of Passen Law Group are encouraged by recent reports in the area of traffic safety.

This month, the National Highway Traffic Safety Administration (NHTSA) released a report analyzing data from 1949 through 2010. The report revealed that American traffic deaths are now at the lowest level since that date.

This decline in fatalities is particularly impressive because Americans are now driving far more than in the past.  In 2010, for example, Americans drove an astounding 21 billion miles more than they did in 2009.

So why the decline? The NHTSA attributes the decline to the fact that cars have become progressively safer.  Take, for example, the Ford Pinto, put on the market almost forty years ago.  The Pinto was a safety disaster.  Since that time, much has been done to improve the safety of the cars placed on American roads, from better technology and safety features to more aggressive regulations.  That begs the question: why have cars become safer?

Our car accident lawyers know one answer: civil litigation.  Holding corporate manufacturers and distributors accountable through the civil justice system for unnecessarily placing the public at risk with unsafe vehicles serves as a huge deterrent.  The threat of litigation has forced manufacturers to place consumer safety ahead of profit.

Litigation moves automotive safety forward: revealing safety defect and forcing manufacturers to correct them.  Over the years, litigation has uncovered and corrected a number of the biggest safety issues in automobiles, including the Pinto defects, acceleration issues, “rolling” parked cars, and the dangers of strangulation and amputation to children from rocker-style power windows.

In the case of power window problems, the technology was available – cars marketed in Europe and Asia already used safer alternatives – and regulation had utterly failed.  European and Asian regulators already required the safer options, but the NHTSA did not.  It was not until after costly litigation on the issue that American cars were forced to adopt safer power windows and save the lives of countless children.

Yet the automotive industry continues to maintain that suits should be prohibited if the vehicles in question comply with federal standards.  Our car injury attorneys recognize the appeal of such a proposal to these manufacturers, and also recognize that such a proposal would lead to disaster.  The Pinto, the power windows that strangled hundreds of children – all these vehicles complied with the federal regulations of their day.

If it were not for the courage of victims, and the efforts of the attorneys who represent them, automotive safety would never have come this far.  We also know that these numbers are deceiving — take, for instance, the sudden acceleration recall involving Toyota vehicles that have been linked to dozens of deaths — every day hundreds of people are seriously injured or killed in motor vehicle accidents.

For a free consultation with an experienced Chicago car accident lawyer at Passen Law Group, call us at (312) 527-4500.

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