Wrongful Death

Published on: January 18, 2013

Toyota Settles “Sudden Acceleration” Case In Utah

The Toyota Motor Company has agreed to settle one of its “sudden accelerator” product liability cases in Utah that killed two people and injured two other family members. The case was set to go to trial in February. Details of the terms of the settlement were not disclosed.

In December, Toyota agreed to settle hundreds of claims in a class action for individuals who declared that they suffered economic losses due to a recall of millions of its cars because of sudden acceleration issues. That settlement was reported to be for more than $1 billion.

However, hundreds of other plaintiffs who are suing for serious personal injuries and wrongful death were not included in that massive deal. Those cases are pending and the Utah case was one of the bellwether cases set to go to trial first. Typically, bellwether cases are large cases based on the same theories of recovery, which judges and lawyers use as guidelines for evaluating cases that follow.

The Utah settlement was reached for an accident that involved Paul Van Alfen, his wife, son and his son’s fiancee, Charlene Jones Lloyd. Their accident occurred on November 5, 2010, on I-80 close to Wendover, Utah. As they were traveling on the interstate, their Toyota Camry suddenly accelerated, went through a stop sign at the bottom of an exit ramp and struck a wall. Skids evidenced Van Alfen’s attempt to stop the vehicle as it left I-80.

The accident resulted in two fatalities, Van Alfen and Lloyd. Van Alfen’s wife and son received injuries.

An investigation conducted by the Utah Highway Patrol revealed that the collision occurred because the accelerator was stuck, causing the Camry to suddenly accelerate.

Other settlements have recently been reported, including one involving a retired Los Angeles police officer and another involving a California Highway Patrol officer. In the latter case, the patrol officer and his entire family were killed near San Diego in 2009 when their Lexus suddenly accelerated, hit speeds of over 120 miles per hour, flipped and burst into flames. Investigation revealed that the accelerator had been mashed down by an improperly sized floor mat.

Toyota issued a statement that the recent settlements should not be an indication of what’s to come for other pending lawsuits. In other words, Toyota is going to pick and choose the weaker cases that they take to trial and settle the larger, stronger headline cases.

The company continues to stand behind the safety and integrity of their cars, while blaming these tragic accidents on driver error, faulty floor mats and faulty accelerator pedals.

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Published on: January 16, 2013

Texas Department of Transportation Blames Distracted Driving For Fatal Crashes

By Carabin Shaw

According to the Texas Department of Transportation, the East Texas rural roads are deadlier than traveling on other major thoroughfares and interstates. This news is released as new crosses are being erected at the scene of yet another fatality near Longview.

Even though the number of fatal crashes has gone down in recent years, over 50% of the fatalities in the surrounding five counties around Longview since 2007 have been one vehicle accidents. This has led the Department of Transportation to conclude that distracted driving is the culprit in these collisions.

Further evidence in support of this conclusion is the fact that only one death occurred in more than 90% of the fatal accidents. In the five county area including Gregg, Rusk, Harrison, Panola and Upshur, there has not been any single accident since 2007 that resulted in more than three fatalities.

Jean Dark, with the Texas Department of Public Safety (TDPS), stated that the reason is simply because most accidents occur on farm-to-market (FM) roads and involve only one car or pickup striking a tree, after leaving the road. This contrasts with multi-vehicle crashes on interstates. She explains that the difference is the tremendous impact that occurs when a vehicle strikes a stationary object such as a tree. It just “doesn’t give like another car would.”

The Department’s data indicated that 54% of all the accidents in the five county Longview area involved a single vehicle leaving the road, striking an object or flipping over. Only 38% of the wrecks involved two vehicles.

Dark said drivers just have to “pay attention to driving,” because if someone isn’t, it “can change your life.” For example, on two-lane FM roads, the oncoming traffic is separated from you by nothing more than a center stripe. You trust the other driver is paying attention and will stay on their side of the road. Unfortunately, sometimes they are distracted and they cross over into your lane.

Accidents resulting in fatalities have been around long before all of the gadgets we now have to distract us, such as cellphones, smartphones, iPads, iPods, headphones and GPS, just to name a few. Nationwide statistics show that distracted driving is one of the major causes of traffic fatalities. The TDPS data indicates that there were over 100,000 vehicles involved in accidents caused by distracted drivers in 2009 and new data is expected to confirm that those figures are continuing to rise.

Many of the crashes are the result of drivers trying to text message while driving. In 2009, the Texas Legislature passed a law which prohibits the use of any type of wireless device in a school zone. Another attempt to get a law passed to ban texting while driving is going to be on the table again during the 2013 legislative session. In 2011, Governor Perry vetoed a texting ban proposal.

Studies have shown that the use of a cellphone and texting while driving are equally, if not more dangerous, than driving while intoxicated.

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Published on: December 21, 2012

West Texas Dust Storm Causes Major Accidents

By Carabin Shaw

The Texas Department of Public Safety (TDPS) reported that a severe dust storm close to Lubbock caused multiple accidents early in the afternoon on Wednesday, December 19, 2012. There were 23 vehicles involved in the chain-reaction pileup injuring some 17 people and killing one.

TDPS Cpl. John Gonzalez said that the visibility was so bad that “you couldn’t see past the hood of your vehicle.” Winds with gusts of 55 miles per hour or so stirred up the sand and dust from dry fields making it impossible to see the stopped vehicles already involved in accidents on the southbound side of I-27. He said that there were a series of collisions that happened simultaneously in “domino fashion”, when drivers’ visibility went to zero.

One man was killed when his SUV rear-ended an 18 wheeler that had been involved in an accident. Some 17 other people were injured in the crashes but none of them were serious or life threatening. The majority of the injured people were taken to the University Medical Center in Lubbock for treatment and then released.

The accidents and the visibility concerns caused the TDPS to close I-27 in either direction for about five miles from Abernathy to New Deal for six hours. Once the interstate was opened to traffic, a TDPS bulletin was released warning of the dangerous driving conditions between Lubbock and Amarillo.

Landowners were being advised to plow their fields so that the loose sand would not blow off so easily during wind storms, after the prolonged drought.

This is the second major interstate pileup in Texas in the last thirty days. The other occurred on Thanksgiving Day just west of Beaumont, Texas. The cause of that massive chain-reaction accident was fog, resulting in near zero visibility at around 9:00 a.m. Some 150 vehicles were involved in that series of accidents that injured more than 100 people and killing two, when their SUV was crushed by an 18 wheeler.

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Published on: December 3, 2012

Thanksgiving Day Pileup: Deadly Evidence of Accidents At Interstate Speeds

By Carabin Shaw

It was about 8:45 a.m. on Thanksgiving morning, the most traveled day of the year, when one of the most horrific accidents in Texas occurred on Interstate 10 outside of Beaumont. The weather conditions were extremely foggy and cars were apparently slowing down due to the lack of visibility. Deborah Leggio, 60, and her husband Vincent, 64, were killed when their Chevrolet Suburban traveling eastbound was struck from the rear and crushed by an 18 wheeler, which ended up on top of their vehicle. Ultimately, some 140 to 150 vehicles were involved in the pileup.

A veteran police officer for more than 25 years, Jefferson County Sheriff Deputy Rod Carroll, 46, heard an emergency call about the multi-vehicle accident and he responded. Even though Deputy Carroll is a paramedic, he was not prepared for what he was about to witness.

When he arrived at the scene, he stated that the area was so foggy that it was impossible to see more than ten feet in any direction. He reported that there were cars on top of cars, 18 wheelers with massive damage, vehicles in the median and on the side of the interstate with damage and personal articles spread along the roadway.

Deputy Carroll related that the collision scene was over a mile long, with twisted metal making it difficult to determine what type of vehicles were involved. The scene was filled with officers and rescuers, including people who had been involved in the massive pileup, trying to pull victims from their vehicles and give them aid. He said “it was like a Third World Scene”, not knowing what to expect as he walked through the wreckage.

Initially, it is believed that the first collision occurred on the eastbound side of the interstate and westbound collisions followed. Every ambulance in the area was busy transporting some 80 t0 90 individuals to local hospitals. There were 10 to 12 victims who were listed as serious to critical.

The westbound lanes of Interstate 10 were closed for approximately five hours and the eastbound lanes were shut down for over eight hours, while the investigation and cleanup continued.

With most highways in the United States now allowing speeds of 70 to 75 miles per hour, Texas has gone to even a different level. A 41 mile toll road from Austin to San Antonio is going to have an 85 mile per hour speed limit. There is an 80 mile per hour speed limit for some highways in West Texas. The problem is that the higher the posted speed limit, the faster people think that they can drive over the limit without being ticketed. People are now testing their radar detectors and driving at speeds ranging from 85 to 100 miles per hour on interstates.

Unfortunately at speeds like this when something goes badly wrong, such as rain, fog, another accident, a blowout or a distracted driver, the result is going to be massive and more lives will be lost.

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Published on: November 15, 2012

Houston Innovation Reduces Fatality Rate In Wrong Way Crashes

By Carabin Shaw

There always seems to be a series of fatalities across the country on New Year’s Eve, caused by someone driving on a freeway traveling in the wrong direction. During 2012, Houston had several wrong way crashes that occurred back to back on I-45 near the Woodlands. In August 2012 alone, Atlanta had five fatalities that were linked to wrong way crashes. Over a five year span, Georgia has had over 100 people killed in similar accidents.

Notwithstanding increased signage to warn drivers that they are going the wrong way and other improved markings, people still get on the freeways headed in the wrong direction. Without a doubt, most of these collisions are caused by drunk drivers.

Following a wrong way triple fatality that happened in Houston, Texas on New Year’s Eve in 2008, the Harris County Toll Road Authority began to search for some way to solve the problem.

Its toll technology company, TransCore, had to start from scratch, since there was no model to follow. Whitt Hall, Vice President of TransCore, said that the company built a system to detect when cars were traveling the wrong way on exit ramps. The system uses speed radars to detect the location of someone entering the freeway on an exit ramp. This sends a warning to the toll authority’s command center, programmed cameras activate at the location and a dispatcher alerts an officer to respond immediately. Simultaneously, message boards are activated to warn drivers in the area of a wrong way driver and to move over and stop.

Assistant Chief Randy Johnson, who is with the Harris County Toll Road Authority, said that “we have told all of our officers not to chase a wrong way driver, but to get yourself in a position to deploy a spike strip.”

Costing $335,000 for an installation in 19 locations, the system is not cheap. However, the results are extremely impressive. Since it was installed four years ago, the 17 mile span has had 100 wrong way drivers without a single accident.

In order to resolve false alarms when it is raining hard or gusty winds blow objects the wrong way the toll authority is going to spend another $500,000 to install sensors in the pavement.

In addition to winning various awards, there has been much interest from Mexico, Columbia and China. The Texas Department of Transportation (TXDOT) has spent $500,000 in San Antonio to utilize the same system by installing radar devices, message boards and flashing signs on the most dangerous freeway stretches.

For Atlanta, the cost to recreate Houston’s system on I-285 would be roughly $3 million. For now, they rely on drivers calling 911 to report a wrong way driver. Unfortunately, the time difference is deadly between a sensor advising of a wrong way driver and getting a 911 call.

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Published on: November 9, 2012

Last Day Without A Fatality On Texas Roads Was 12 Years Ago

By Carabin Shaw

The Texas Department of Transportation (TXDOT), in conjunction with the Texas Department of Public Safety (TDPS), issued a bone chilling statement this week. It has been 12 years since there was a day that went by without a single traffic fatality on our Texas roads. That day was Wednesday, November 7, 2000.

Since then, over the last 4,383 days there have been 41,252 people killed on Texas roadways. That is almost 10 fatalities a day and the total of 41,252 deaths is approximately the population of San Marcos.

According to TXDOT officials, the primary reasons for the fatalities occurring on our 80,000 miles of state roadways were drinking and driving, distracted driving and not wearing seat belts. TXDOT Executive Director, Phil Wilson, said “One fatality on a Texas roadway is one too many, and to see as many as eight or 10 in a single day is unacceptable.”

Statistics reveal that there were 3,048 fatalities in 2011 alone, with the causes listed as follows:

• 28.9% of the fatalities resulted from not wearing seat belts
• 34.9% of the fatalities were due to drinking and driving
• 13.4% of the fatalities were caused by driver distraction (talking on the phone, texting, etc.)

Part of TXDOT’s effort to drive the safe driving message home has been to display the number of fatalities on huge message signs along Texas highways. So far, there have been 2,545 deaths on Texas roadways in 2012. These numbers are updated on a monthly basis.

TXDOT offers these simple rules for saving lives and reducing the number of fatalities on our roadways:

• Buckle Up
• Pay attention
• Put the smart phone away so you won’t talk or text
• Never drink and drive
• Use the left lane only for passing
• Obey all traffic laws
TXDOT and TDPS have asked all citizens to please do their part to keep our Texas roadways safe. Adding to the dangers that already have existed on our roadways is the 85 miles per hour speed limit on portions of our state highways. Many vehicles or not safe going that fast and their drivers are not prepared to react under those conditions. Remember, only you can help save lives.

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Published on: March 12, 2012

Widow Files Lawsuit After Worker Dies in Texas City Industrial Accident

By Carabin Shaw

The widow of a 26-year-old worker killed in an industrial accident last month has filed a lawsuit for herself and on behalf of the couple’s minor child against her husband’s employer. Virgel James Stoker died after he purportedly became entangled in machinery used to package company products at Dallas Group of America, Inc.’s Texas City facility. After her husband’s unexpected death, Fredreka Denise Hayes also obtained a temporary restraining order against the Dallas Group and Action Personnel Group, Inc. The restraining order prohibits the two companies from destroying or altering physical evidence within 50 yards of the location of Stoker’s death.

The Dallas Group primarily produces absorbent synthetic magnesium silicate products used by food manufacturers. It is also the only manufacturer of ammonium chloride in the nation. If ammonium chloride is ingested in significant amounts, it may cause tremors, confusion, drowsiness, and coma. Although the Department of Labor’s Occupational Safety and Health Administration (OSHA) is still investigating the accident, Hayes’ lawsuit alleges Stoker was overcome by a toxic substance such as ammonium chloride prior to falling into the machinery.

In her lawsuit, Hayes accuses the Dallas Group and Action Personnel of failure to supervise, failure to provide proper training to employees operating the packaging equipment, failure to properly maintain and inspect the equipment, failure to have adequate safety measures and protocols in place, failure to properly ventilate the working environment, and failure to provide workers with necessary safety equipment.

Although most workplace injuries in Texas are covered by workers’ compensation laws, important exceptions exist. For example, an employer in Texas may be directly sued where a worker died as a result of a workplace injury, left behind financial dependents, and it can be demonstrated the employer committed gross negligence. An employer may also be sued if the employer does not subscribe to, or fails to keep its workers’ compensation policy current.

In Texas, only a spouse, child, or the parents of someone killed due to an individual or company’s negligent act may file a wrongful death claim. If you recently lost a loved one due to someone else’s carelessness, a qualified wrongful death lawyer can explain your options.

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