Distractions Draw Drivers’ Attention Away from the Road Even Longer than You Think

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Safe, responsible drivers have largely moved away from texting or emailing while driving, and have adopted hands-free technologies, either via voice-recognition software coming installed in phones, or via increasingly-common in-vehicle entertainment systems. One team of researchers looked at the effect that the use of these systems had on drivers’ focus on the road, and found that use of voice commands may not always be as safe as we’d hoped.

A team composed of experts from the AAA Foundation for Traffic Safety and researchers from the University of Utah compared ten in-vehicle entertainment systems in 2015 models of popular vehicles to determine whether there was a measurable difference in the impact those systems had on the attention of the driver. First, the researchers established a 1-5 scale of distraction, monitoring the impact that completion of certain activities had on the drivers’ focus to compare to using the in-vehicle systems. Driving while entirely focused on the road scored a 1 on the scale; driving while listening to the radio, a 1.2; and driving while memorizing a list of words and solving a math problem, a 5. The team found that, among the ten systems tested, the most distracting was that installed in the Mazda 6, which earned a score of 4.6. The least problematic system was that in the Chevy Equinox, earning a relatively-modest 2.6 on the scale.

Even when using the least distracting of the in-vehicle entertainment systems, the impact on driver attention was substantial. On average, after entering a command into a voice-activated system, the driver remained unfocused on the road for 27 seconds, and even the least-distracting system required an average of 15 seconds of readjustment for the driver after use. Traveling at 25 mph, a driver could cover a length of road equivalent to three football fields in that time, or get in a serious car accident. David Strayer, one of the University of Utah researchers, explained, “The lasting effects of mental distraction pose a hidden and pervasive danger that would likely come as a surprise to most drivers. The results indicate that motorists could miss stop signs, pedestrians, and other vehicles while the mind is readjusting to the task of driving.”

If you or a loved one have been injured in an Alabama car accident by a distracted driver, contact Montgomery’s skilled personal injury law firm McPhillips Shinbaum, LLP for a consultation on your claims, at 334-262-1911.

Electronic Logs Now Required By Law

Federal Regulations Now Require Electronic Logs in Commercial Vehicles

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A change in the federal rules governing commercial drivers of trucks and buses will require that drivers use electronic, rather than paper, logs to track their hours worked and miles driven, and a recent Greyhound Bus crash highlights the reason this change is long overdue.

The Federal Motor Carrier Safety Administration (FMCSA) is the governmental body which oversees commercial truck and bus drivers. The FMCSA has had a rule since 1938 requiring that commercial drivers track the number of hours worked and miles driven each day, and since 1938, drivers have been required only to create a paper record of these hours worked. These records are an important way to ensure that drivers comply with the FMCSA’s hours of service rules, mandating that drivers limit the number of hours they spend behind the wheel to 11 during any given 24-hour period. These rules are designed to keep fatigued drivers from getting behind the wheel of large and potentially dangerous vehicles, which could cause a massive amount of destruction if the driver should fall asleep or drive under the influence of unsafe stimulants.

Despite massive advances in technology and the availability of electronic means of tracking miles driven by commercial drivers, FMCSA regulations still permitted the use of paper logs. However, drivers under pressure to meet high mileage demands from carrier companies could easily falsify paper logs, and were often under pressure to do so, until now. The electronic log rule, which goes into effect in February of 2016, will require commercial drivers to use a means of tracking hours worked and miles driven which connects directly to the truck’s on-board computer, so that the log can begin to track this information as soon as a driver begins working. Electronic logging devices will also be required to note the driver’s GPS location for additional verifiability of the log’s entries, as well as the driver’s speed, and the length and timing of breaks taken throughout the day.

A bus accident which occurred earlier this month is a tragic example of why accurate driving logs are important. A Greyhound Bus which left Los Angeles at 11:30 pm crashed after driving north through the night, killing two passengers and injuring 13. The driver had complained of fatigue, and had drunk a cup of coffee at an earlier stop, though he claims not to have been asleep when the crash occurred. Passengers witnessed the driver nodding off and weaving somewhat between lanes prior to the stop. Larry Hanley, president of the Amalgamated Transit Union, described the state of fatigue among bus drivers as being “at a crisis level,” with most bus drivers feeling compelled to lie in driver logs about how much rest they had received between shifts. Hopefully, an additional hurdle to falsifying driver logs will result in greater safety for bus passengers and other drivers alike.

If you have been injured in a truck or bus accident in Alabama, contact the personal injury of McPhillips Shinbaum, LLP at 334-262-1911.

Rear Car Facing Car Seats and Head Trauma

Rear-Facing Car Seats Linked to Head Trauma Among Infants

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If you’re a parent, you know how difficult it can be to find the safest, most effective car seat for your infant child, to ensure that they’re fully protected in the event of a crash. However, sometimes even the best option available still contains flaws and shortcomings. A recent study has found that rear-facing car seats for infants are linked to head trauma in the event of rear-end crashes.

The study in question was published in the Journal of Traffic Injury Prevention and was conducted by a group of biomechanical safety experts who provide expert testimony in lawsuits. The study looked at what would happen to 6-month-old infants in rear-facing car seats which were restrained in the vehicle using either the car’s built-in seatbelts or the lower-positioned “LATCH” anchors when those cars were struck from the rear. The researchers found that infants in these seats tended to be pitched forward in their seats, throwing their heads against the seat back facing them. The experts described being surprised at the degree to which the infants tended to be injured in these accidents. Additionally, injuries were found to be greater where the “LATCH” anchors, rather than the car’s seatbelts, were used to tie down the seat.

Despite these findings, the experts involved in the study caution that parents should continue to put their infant children in rear-facing car seats. Research shows that infants and young toddlers are five times safer when in rear-facing seats, as these seats provide the head, neck, and spinal support that young children need. Additionally, while these rear-facing seats can result in injury when a car is rear-ended, there is a much greater risk of serious injury for a child in a front-facing seat when the car is involved in a head-on collision, or is hit from the side than there is for a child in a rear-facing seat in a rear-end crash. Instead of changing the type of seat used, the experts involved in the aforementioned study recommended instead that these seats include additional safety features, such as a tether that runs from the car’s floor to the top of the seat, which would keep the seat from flinging forward when struck from the rear.

If you or your child have been hurt in an Alabama car accident and need legal help to fully recover all compensation you’re owed for your injuries, contact the experienced Montgomery personal injury law firm McPhillips Shinbaum LLP, at 334-262-1911.

Your Car's Black Box and Ways It Can Help

Your Car’s Black Box, and Ways It Can Help In an Accident

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Black boxes in airplanes, known formally as event data recorders, often prove invaluable in helping investigators determine what events led up to a plane crashing. What you may not have realized is that event data recorders aren’t only installed in airplanes—there’s a very good chance that one is installed in the car you drive every day, and that it could offer useful information to you and your attorneys in the event of an accident.

Event data recorders were introduced along with the first-ever airbags installed in vehicles in the 1970s. The devices would record whether or not an airbag functioned properly in the event of a crash. Manufacturers began using the devices to record additional mechanical information as well, by installing sensors throughout the vehicle to measure items such as engine efficiency, brake functioning, and seat belt usage. The devices are now installed in almost 100% of new cars. As soon as the ignition is started, the recorder begins to run, measuring and recording over data every five seconds. If the recorder senses that an airbag is deployed or nearly deployed, the recorder will permanently retain the data from five seconds before that impact, as well as the moments afterward. Event data recorders are required to measure at least 15 different forms of data by the National Highway Traffic Safety Administration, including brake usage and function, speed and acceleration, seat belt use, airbag deployment, and whether additional collisions occurred after the collision triggering the recording.

Information from event data recorders can provide a great deal of valuable information showing responsibility for a crash, or even criminal conduct. You may remember an incident in 2011 when an accident involving a member of the Massachusetts state government made national news. While then-lieutenant governor Timothy Murray claimed that, prior to the accident totaling his state-issued vehicle, he was traveling the speed limit and wearing his seat belt, evidence from the car’s event data recorder showed that Murray was driving 100 mph and not wearing a seatbelt. Similarly, your attorney can use information from an event data recorder to show that the other driver in a crash was driving over the speed limit when the accident occurred, or that the driver did not apply their brakes before hitting you, indicating that they may have been distracted, intoxicated, or asleep.

If you have been in a car accident and need a knowledgeable, experienced Alabama attorney to handle your claims, contact Montgomery personal injury law firm McPhillips Shinbaum for a free consultation, at 866-224-8664.

Renosol Seating Whistleblower Denied Federal Protection From Lawsuit

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An employee of Renosol Seating in Selma was trying to protect the health of her fellow workers and herself when, in March, she delivered a letter to the company’s customer, Hyundai Motor Manufacturing Alabama, alleging that a chemical used in the car seat production process at Renosol was making workers sick. What happened next was that Lear Corporation, which owns Renosol, fired the employee and sued her for defamation in Alabama State Court. The case of Kim King, the Renosol Seating whistleblower, then attracted national attention, and the U.S. Department of Labor filed a separate suit against Lear Corporation in federal court, where a judge issued a restraining order against the corporation for taking further action against King or other employees for speaking out on the issue of the dangerous chemicals. Although that ruling still stands, the state court hearing Lear’s case against King, however, ruled recently that federal law does not protect King’s actions in trying to deliver the letter to Hyundai.

King contends that chemicals used in the seat-making process at Renosol have led to health problems for her and her co-workers, including isocyanate asthma. Studies of workers at the plant done by a Yale University medical clinic confirmed that a number of the workers had tested positive for isocyanate asthma or other respiratory illnesses. Lear Corporation dismisses the allegations of unsafe working conditions at the plant and blames King’s actions and the actions of other people who have spoken out on the UAW, which is attempting to unionize the plant’s workers. Due to the failure of the plant’s management to respond to their complaints, King attempted to contact Hyundai with her concerns, but she was fired by Lear when she refused to sign a document indicating that she had lied in drafting the letter, which was followed by the defamation suit against her.

This case demonstrates the complex intersection of federal and state law (not to mention both federal and state courts) that comes into play with many employment and/or whistleblower law issues. Speaking out about violations at your place of employment, especially when management is unresponsive or hostile, can be a lonely and intimidating act of courage. By law, employers are not permitted to retaliate against a whistleblower, but it can be difficult for the employee – who is usually simply trying to follow their conscience and protect victims from wrongdoing – to understand how to properly raise the issues of wrongdoing while protecting their livelihood.

The good news is that federal law may provide compensation for whistleblowers who do provide evidence of wrongdoing, and an experienced employment lawyer can guide the employee through this process. If you have witnessed wrongdoing at your place of employment and/or have been the victim of retaliation or threatened retaliation for trying to speak up, contact the skilled Montgomery, Alabama employment law attorneys at McPhillips Shinbaum at 334-262-1911 today to discuss your options.

Boat Accident

Two Boat Passengers Die in Florence Pontoon Boat Accident

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A pontoon boat collided with a barge on a Saturday evening in August on Wilson Lake near Florence, sending all eight passengers of the pontoon boat overboard. While crewmembers of the barge were able to rescue six of the pontoon boat passengers from the water, 62-year-old Sid Elliot and 79-year-old Catherine Ekholm did not survive the aftermath of the crash, and their bodies were found in the days following the accident. All six of the other passengers were taken to hospitals to be treated for injuries.

Reports indicated that the eight passengers were members of two families who had taken the boat, which was owned by the Ekholm family, for a tour of the lake. The boat, which had recently undergone maintenance, was turned off mid-journey to facilitate star-gazing, but when the operators attempted to start the boat back up, it failed to do so. The boat passengers saw the barge headed their way, and the barge honked and flashed its lights at the boat, but it was too late to avoid a collision between the barge and the boat.

Unfortunately, these types of boating accidents are all too common in Alabama and across the country, and boating accidents are in fact the second leading type of transportation accidents behind car and truck accidents. The US Coast Guard has reported that, in 2014 alone, there were 4,064 boating accidents involving 610 deaths, 2,670 injuries, and tens of millions of dollars of property damage. Where the cause of death was known, 78% of deaths attributable to boating accidents were due to drowning, and of those victims that died, 84% were not wearing a life jacket. The leading types of boating accidents were: 1) collision with a recreational vessel (937 accidents); 2) flooding/swamping (463 accidents); 3) collision with a fixed object (452 accidents); 4) grounding (359 accidents); and 5) skier mishap (292 accidents).

When a boating accident occurs, resulting in death and/or injury, certain parties may be liable for those losses. An operator who negligently or recklessly operates a boat, either due to inexperience, alcohol, or some other factor, can be liable for failing to meet a standard of care in operating the boat. If the operator is an employee working on behalf of a tour or rental company, the employer may be liable as well under a vicarious liability theory or for negligently hiring or negligently supervising the operator. A rental company or maintenance company may also be liable for negligently maintaining the boat, which could result in a situation like the one in Florence where a boat is unable to maneuver out of harm’s way. Finally, the seller or manufacturer of a boat may liable for all parties’ injuries if there were defects present in the boat when it was sold to the owner of the boat.

If you or a loved one has been in injured in a boating accident, contact the skilled Montgomery, Alabama personal injury attorneys at McPhillips Shinbaum for a free consultation at 334-262-1911.

Man with gun

Lawrence County Sheriff Seeks Dismissal of Suit Related to Shooting of Mentally Ill Man

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In March 2015, a Lawrence County deputy shot and killed 39-year-old Shane Nathaniel Watkins after responding to a domestic call at the home where Watkins was residing with his mother. Watkins suffered from schizophrenia, and family members believed he was not a threat to police. Watkins was reportedly off his medication at the time of the shooting and was carrying a box cutter in one hand. The Decatur Daily newspaper sought records from the Lawrence County sheriff’s department regarding the circumstances of the shooting, but was repeatedly denied access. The newspaper then filed an action against Sheriff Gene Mitchell in Lawrence County Circuit Court seeking the information, including names and basic information of personnel involved in the shooting as well as dash-cam footage and 911 call recordings. The judge ordered the sheriff to release records related to the shooting, and the sheriff did release certain records, but the newspaper continues to argue that the sheriff is failing to comply with requirements of Alabama’s Open Records Act, which provides citizens with access to government records. Sheriff Mitchell now argues that the entire suit should be dismissed, asserting that he is not legally required to respond to any more of the newspaper’s demands regarding records related to the shooting of Watkins.

While the newspaper’s suit revolves around the legal ramifications of the public’s rights to access records related to government actions, the case also shines a light on the issue of excessive police force used against private citizens. Headlines in the past year have focused on potential racial implications involved in use of police force, but it is important to remember that excessive force and police brutality can show up in all kinds of situations and with all kinds of motives and involve all kinds of victims. Police officers are given quite a bit of authority in carrying out their difficult and dangerous jobs of enforcing our laws and protecting our people, but they do not have free reign to conduct themselves in whatever manner they see fit, and are constrained by the protections of the US Constitution and Alabama state law in their interactions with the public.

The primary protection citizens have against law enforcement overreaching is the Fourth Amendment to the Constitution in the Bill of Rights, which makes searches and seizures of individuals or their belongings illegal unless the search or seizure comports with constitutional mandates. Where government officials, including police officers, violate a person’s constitutional rights, that person can pursue a federal claim against the government official. Alabama state tort and criminal law also protect people from being harassed or physically harmed by a police officer where the police action is not warranted for the purposes of law enforcement, and provides a cause of action in some cases for the plaintiff to pursue a civil claim against the officer and/or police or sheriff’s department for injuries or for the loss of a loved one who died due to law enforcement action.

If you or a loved one has been injured as a result of excessive police action in Alabama, contact McPhillips Shinbaum in Montgomery at 334-262-1911.

Dangers of Distracted Driving

Tragic Death of Teen Highlights Dangers of Distracted Driving

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A tragic accident earlier this year serves as a reminder of how hard it can be to avoid the distraction of a phone while driving, and the dangers those distractions can pose. In May of this year, a local 17-year-old in a Mazda 6 was leaving a friend’s house at around 2:15 in the afternoon, heading toward Highway 45 in Citronelle. According to Citronelle Police, the teen, whose name was not released due to her age, was briefly distracted by her phone while driving, and unfortunately pulled out onto the highway at the wrong moment. An oncoming tractor-trailer already traveling at highway speeds was unable to avoid the Mazda, and the girl was killed in the crash. The driver of the tractor-trailer did not experience any injuries.

Distracted driving remains a major problem on US roads. Texting while driving is often cited as a major problem, but there are many ways that drivers can become distracted to a dangerous degree. There are three forms of driver distraction: 1) Visual, where the driver takes their eyes off the road; 2) Cognitive, where the driver takes their mind off the road, and; 3) Manual, where the driver takes their hands off the wheel. An activity like eating while driving would likely be both a manual and visual distraction. Looking at a GPS device for directions, a visual distraction. However, texting while driving is a cognitive, visual, and manual distraction. Texting while driving can make a crash up to 23 times more likely to occur. Texting takes the driver’s eyes off the road for a prolonged period of time, as compared to many other activities. Researchers estimate that a driver will spend at least five seconds with her eyes off the road if texting while driving. When traveling at 55 mph, this would mean that the car would travel the length of a football field before the driver looked up. The US Department of Transportation has found that teens make up the largest proportion of drivers who were distracted at the time of a fatal crash.

Hopefully, this tragedy can help others to be more aware of the dangers not just of sending a text while driving but reading one as well. As this incident illustrates, distracted driving can be as dangerous to the distracted driver as it is to others on the road. If you’ve been injured by a distracted driver, contact the skilled attorneys at McPhillips Shinbaum for a free consultation on your car accident and personal injury claims, at 866-224-8664.

Montgomery Home Damaged By Flame and Smoke

Montgomery Home Damaged by Flame and Smoke

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A family home on Clay Street in Montgomery has been damaged after a fire broke out on a recent early morning. All occupants were able to escape without injury. Firefighters were able to extinguish the fire quickly, but not prior to the home experiencing significant damage from smoke and flame. Investigations are ongoing into the cause of the fire.

Damage from fire to your home can leave you feeling devastated and at a loss as to how to move forward to get life back to normal. Filing a claim and taking steps immediately after the fire can help you prevent additional loss and ensure you’re compensated for your claim as quickly as possible. The following are some guidelines to follow after a house fire.

  1. Secure the house as best you can

The fire may have damaged your home, and firefighters may have been required to break windows or doors in order to control the blaze. In order to keep away vandals or thieves, and to protect as much as possible the valuable items left in your home, board up any holes or broken windows, and use tarps to cover holes in the roof to protect against the elements.

  1. Hire an experienced cleaning and restoration company

If damage in your home from the fire isn’t extensive, you may only need the help of a company experienced in cleaning smoke and water damage for it to be habitable. Ask your insurance company for suggestions of reliable local companies to use for these services.

  1. File a claim as soon as possible

Your insurer will need you to file a claim as soon as you can after the fire. Doing so quickly will also ensure that your claim is paid out as soon as possible. Additionally, if you have “replacement” coverage for personal items in your home under your policy and need to replace personal items such as toiletries and clothing while you wait for your claim to be paid out, you may be able to get an advance on the payment of your claim from your insurer to buy such items. Save these receipts to later send to your insurer.

  1. Begin sorting your possessions and create an inventory

While many of your possessions may have been destroyed in the fire or by smoke damage, some may have survived. Sorting through your possessions will allow you an opportunity to catalog the items that were damaged to report to your carrier later, and will also offer you a chance to remove your undamaged possessions and possibly put them in storage to keep them safe while you’re not staying in the home.

  1. If your insurance company refuses to pay your entire claim, consider retaining legal assistance

Ideally, your insurer pays your entire claim as reported by you, and you don’t feel shorted by the eventual payout. However, insurance companies do benefit from paying you less, and they may fight the valuation of the items you lost in the fire. If you believe that you’re entitled to greater recovery under your policy, it may be necessary to find an attorney who can help you recover fully.

If you have experienced a fire in your home and need assistance in being fully compensated by your insurer, contact the skilled Montgomery accident attorneys at McPhillips Shinbaum for a free consultation on your claim, at 334-262-1911.

Single Vehicle Accident Kills Prattville Man

Prattville Man Killed in Single-Vehicle Accident on I-85; Cause Unknown

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Last week, a Prattville man was killed when his car left the road and crashed into a ravine off Interstate 85. The accident occurred around 8:20 in the morning on Tuesday, April 28th, near the Chantilly Parkway between Taylor Road and Atlanta Highway. Ryan Smith, 26, was driving his 1997 Mercury Gran Marquis, when the vehicle left the road and crashed into a ravine. Smith was pronounced dead at the scene. Both the northbound and southbound lanes of I-85 were shut down for two hours as police conducted an investigation and road crews worked to clean up the accident.

No other cars appear to have been involved in the accident, and the cause of the crash is unknown at this time. A single-vehicle accident where the car leaves the road may be the result of driver fatigue or an emergency medical condition that causes the driver to lose control. There are also other factors which can cause such an accident through no fault of the driver, such as:

  • Mechanical failure of the automobile due to a defect in the car or a component part, such as a stuck accelerator or steering or brake failure, or from a negligent repair at an auto service center
  • Reckless driving of another vehicle in the area, whose speeding, distracted driving or sudden stop or lane change can cause another driver to run off the road
  • Road hazards and roadway defects, including debris blown on the road from a construction zone, potholes and roads which are designed or built in an unsafe manner regarding blind curves and steep inclines

The cause of this particular tragedy is still under investigation and may never be known. If it can be proven that the negligence or misconduct of another is to blame, the family of Ryan Smith may be able to recover money damages for his wrongful death to hold the responsible party accountable for their wrongdoing and help with funeral and burial expenses and other aspects of this tragic loss.