Are 1993 – 2004 model years of Jeep Grand Cherokees killing people?

Is Chrysler’s handling of the potential problem with the Jeep Grand Cherokee eerily reminiscent of Ford’s Pinto?

Did Chrysler also consult the “bean counters” to determine what a recall would cost them as that relates to the total cost of deaths from their product?

Was it cheaper to risk lives than institute a recall?

The National Highway Traffic Safety Administration has instituted an investigation to determine whether the design and positioning of the Grand Cherokee’s fuel tank may be causing unnecessary fires and resulting in deaths by drivers of the 1993 – 2004 Jeep Cherokee.

The Grand Cherokee was on the Car and Driver list of the Ten Best models in 1993 and was Motor Trend’s Truck of the Year for 1993. It also was Peterson’s 4×4 in years 1993, 1996, 1999, and 2001.

In October of 2009, though, the Center for Auto Safety filed a petition with the National Highway Traffic Safety Administration, including a detailed analysis of the design and placement of the gas tank in 1993 – 2004 model Grand Cherokees.

The petition included the following grisly statistics:

• 172 fatal fire crashes involving the Grand Cherokee
• 254 fatalities

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There are common themes that have become the mainstays of truck accident litigation for decades:

• Driving too fast for conditions.
• Logging too many hours without taking appropriate breaks.
• Shoddy vehicle maintenance.
• Inadequate training.
• Driver inattention.

While these potential root causes will always need to be thoroughly evaluated in any trucking accident case, new tools need to be employed in attempting to establish why a crash involving a big rig occurred. One thing that has not changed, however, is the need to deploy these new techniques as quickly as possible after an accident before the data is lost or destroyed, either accidentally or intentionally.

Perhaps the most critical piece of data in examining the root cause of a trucking accident that needs to be explored is a download of the involved tractor’s “black box.” The black box, or electronic data recorders (“EDR”), is essentially a computer module that monitors and records critical data points when certain circumstances occur, including a sudden and unexpected loss of the semi’s velocity. Although the universe of data that is captured by the EDR varies according to the engine’s manufacturer, typical information includes throttle, clutch, and brake application; in addition to vehicle speed; and whether or not the cruise control was engaged. Rather than just covering a few fleeting seconds before an event occurs, the EDR can capture almost two minutes of data before a crash occurs. The captured data can then be downloaded by a trained technician and can provide powerful evidence as to what a truck driver and the semi itself were doing immediately before the crash, providing the backbone for the accident’s reconstruction.

Some commercial semis are also equipped with technology that can actually help a truck driver avoid a collision. Using sensitive radars, the accident avoidance system can alert drivers to another vehicle in their blind spot or even slowing ahead. In the event of a crash, the data from the accident avoidance system can also be downloaded in an effort to recreate precisely what information was being communicated to the driver immediately before the crash occurred.

In the modern transportation age, semis are often dispatched electronically to their next destination. Electronic dispatch records are often integrated with global positioning systems which precisely track an individual tractor trailer’s location, movement, and speed.

Unfortunately, and often with tragic consequences, drivers of commercial motor vehicles sometimes make the dangerous choice of texting while driving or allowing themselves to become distracted by engaging in conversations on a cell phone. A truck drivers cell phone records, whether provided by the trucker’s employer or a personal cell, can provide powerful evidence about the possibility of driver inattention due to cell phone usage.

This data, however, will not live forever. In the days and weeks following a crash, the involved tractor can be repaired and put back into service, risking the potential for the data being written over or erased. If the crash was violent enough and the semi is incapable of being repaired, it can be sold for scrap, and in the process, destroying the critical data before it can be accessed. Digital and hardcopy files are often discarded or recycled. Similar to skid marks and witnesses’ memories, the passage of time can result in the loss of data that is critically important in performing a thorough accident investigation and recreation of a crash involving a tractor trailer.

Accordingly, if you or someone you love has been injured in a crash involving a tractor trailer, it is important that you secure legal representation as soon as possible to ensure that the available data and information is appropriately secured.

It only takes a quick look at the local news to realize that Florida has a drunk driving problem, just like the rest of the nation. The National Highway Traffic Safety Administration (NHTSA) recently a published a Research Note on Fatalities and Fatality Rates in Alcohol-Impaired Driving Crashes. The study looked at the total number of deaths caused by motor vehicle crashes and compared that to the number of deaths resulting from crashes where alcohol was involved. The report defined an alcohol impaired crash death as a crash involving at least one driver or operator with a blood alcohol concentration of .08 grams per deciliter.

The government estimates that 2,978 people died in motor vehicle crashes in Florida in 2008. Crashes involving drunk drivers account for 875 of the 2,978 deaths. The good news is that NHTSA reported that the alcohol impaired driving fatality rate declined in 40 states. The bad news is that Florida is one of only 10 states where the alcohol fatality rate either stayed the same or increased. From 2007 to 2008, the alcohol impaired driving fatality rate declined nationally from 0.43 to 0.40 fatalities per 100 million vehicle miles travelled. However, Florida’s alcohol impaired driving fatality rate is higher than the national average. From 2007 to 2008, it remained unchanged at 0.44 fatalities per 100 million vehicle miles travelled. Floridians should strive to reduce the alcohol impaired driving fatality rate; to do nothing will be fatal.

Floridians who want to help reduce the number of drunk driving fatalities should consider donating or volunteering with a local chapter of Mothers Against Drunk Driving (MADD).

Jurors returned a verdict in the amount of $1,094,034.30 on Friday, February 12, 2010 for a young man tragically injured in a crash with a Palm Beach County School Bus.

The 14 year old boy, Altavious Carter, was being driven home by his basketball coach after practice. The coach made a routine stop at a red traffic light. A Palm Beach County School District bus was traveling at 45 or 50 miles per hour, approaching the unsuspecting 14 year old basketball star. For reasons still unclear, the bus failed to slow; failed to stop; and rear ended the vehicle where the 14 year old was appropriately seat belted. The 14 year old boy, who loved basketball, suffered a broken neck and other serious injuries.

Not surprisingly, the Palm Beach County School District admitted their fault in the accident and the case went to trial in Palm Beach County last week. The School District argued they should not owe the young man more than $250,000 for his very significant injuries; because they argued he had failed to suffer a permanent injury.

Searcy Denney attorneys, Brian Denney and Jack Hill, tried the case to a jury of six Palm Beach County jurors.

This young man has fought a valiant battle in coming back from his injuries. Doctors feared he would be paralyzed, but this young man has demonstrated a heroic courage. He has had very limited resources with which to rehabilitate himself and has largely been successful through sheer strength of will.

Because the School District of Palm Beach County is a “sovereign immune”, governmental entity, it is not likely they will voluntarily make payment of the verdict. It will be necessary to win a claims bill submitted to the Florida legislature before any payment will be made to Mr. Carter. Although the battle is not over Attorneys Denney and Hill are ecstatic that their client will have the funds to go forward in his life on a more positive basis than he has been able to do so far.

The European and the British people are warned about aging tires. They are warned that old tires can be dangerous. The European and the British people are educated that a brand new tire, fresh from the store shelves, might not be brand new. The European and the British people are educated to check tire age and to be cognizant of the dangers associated with it.

The American public is not warned about aging tires; that old tires can be dangerous; or that “brand new” tires on the store shelves may be 2, 3, or 6 years old when they are sold and put on our car.

A recent article posted by a colleague at Injury Board, Mike Bryant, provides some very useful links to an older 20/20 report that I have to confess I had completely forgotten about.

In Florida, apparently the heat fosters more than just mosquitoes, humidity and hurricanes. Down here in Florida, the heat also causes tires to wear at a higher rate; something that tire manufacturers have known for some time.

If the higher ambient temperatures subject tires to a higher failure rate, the age of the tire also figures importantly into the failures. Again, something tire manufacturers have known and have apparently been waiting patiently for years to be regulated about, well, by someone.

When you buy a “brand new” tire from a retailer you expect, well, a “brand new” tire. You may not get what you expect. Apparently tires can sit on shelves for 2, 3, 6 or more years before being sold. All that time, the tires are being exposed to the air, drying the rubber out and aging while they sit there on the shelf. They still look brand new; they still have great tread depth; and they still smell new; but they have been degrading the whole time.

So, how can you tell the age of your tires? Not easy with many tire manufacturers. The special coding used on many tires can only be found by crawling under the car and looking at the inside of the tire. The codes will give you tire size, location of manufacture, and the date of manufacture. The date is the important part.

Everyone should pay close attention to tire health and age, but clearly, based on studies by the National Highway Safety Administration, people in states where the ambient temperatures remain warm to hot all year should pay special attention:

• When you purchase tires ask the retailer to show you the date of manufacture.
• Do not purchase tires, which are already 3 to 6 years old.
• Check tire pressure often.
• Maintain manufacturer recommended levels of tire pressure.
• Return to the tire dealer anytime you have repeated loss of pressure in tires.
• Avoid petroleum based tire “cleaners”.
• Inspect your tires, both the exterior and interior, for wear or damage.
• If you hit something while motoring down the road, inspect your tires at your next opportunity to verify any damage.

“More than 76,000 Americans have been killed walking or crossing the street in the past 15 years, and pedestrian deaths account for about 11.8% of all traffic fatalities;” that published in a joint report by groups Transportation for America and the Surface Transportation Policy Partnership entitled ‘Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods). And according the recent USA Today article ‘Communities try to prevent pedestrian traffic deaths,’ (USA Today, November 10, 2009, 5A) those groups are lobbying Congress in an effort to require states to spend their share of federal funds on road projects to address the needs of pedestrians. This comprehensive report includes the most dangerous cities for pedestrians and provides safety rankings for each of the 50 states.

However, regardless of Congressional action or future state cooperation in making pedestrian safety a priority, the fact that pedestrians account for approximately 1 in 10 traffic deaths nationwide is staggering.

Every time a pedestrian takes to the street, whether it be walking, jogging or biking, you should recall this statistic and:

• Be defensive;
• Assume that drivers do not see you;
• Assume drivers do not understand pedestrian traffic laws;
• Assume drivers are preoccupied with whatever drama unfolded in their lives that day;
• Assume drivers are late to wherever they are headed;
• Assume drivers are distracted, using a cell phone, reading a newspaper or magazine as they drive;
• Assume drivers are driving a vehicle with defective brakes;
• Assume there will be drivers who have been drinking,

For Floridians, pay particular attention in these “top rated” cities:

1) Orlando.

2) Tampa-St. Petersburg.

3) Miami-Ft. Lauderdale.

4) Jacksonville.

Being outside nearly year round is a perk enjoyed by few, Floridians luckily included. When doing so on bike paths and sidewalks near roads, always be on guard.

Many of you reading this blog may have never heard the song ‘Walking in Memphis,’by singer-songwriter Marc Cohn. This was an early ‘90’s homage to the land of the Delta Blues, influential Beale Street, Elvis, and countless other subtle rock music references by singer-songwriter Marc Cohn. This was an early ‘90’s homage to the land of the Delta Blues, influential Beale Street, Elvis, and countless other subtle rock music references. Evidently additional lyrics are suitable, something to the effect of: “well I was walking in Memphis, but I was hit by a car and was killed.”

Gruesome, but realistic, since Memphis is tabbed as the 5th most dangerous city for pedestrians by the aforementioned report.

Nearly a ton and a half of steel hurling its way down the road at 50 miles an hour suddenly lurches and begins to increase its speed; 60 mph, 70 mph, 75, mph, 80 mph. The driver applies the brakes in a frantic effort to slow the vehicle; it does not slow the vehicle. The vehicle continues to accelerate as the driver continues to try and control the tons of steel and the brakes continue to fail to slow the vehicle.

That is a reasonable picture of the descriptions given by drivers of various Toyota vehicles. Toyota recalled vehicles and blamed floor mats for sudden acceleration of the vehicles, which resulted in crashes. Although floor mats may be an easy…and cheap…fix, that does not seem to be the problem. There are reports coming in of vehicles suddenly accelerating with floor mats different from the mats Toyota claims is the culprit.

For its part, Toyota apparently continues to maintain that no problem exists with any Toyota vehicle in which the proper floor mats are installed. They say the wrong floor mats may be in as many as 3.8 million vehicles.

Toyota owners and drivers should beware of this defect. In the case of any sudden acceleration, drivers should:

• Check your owner’s manual now to determine if you must lightly depress the brake  in order to shift the car to neutral
• Shift the car to neutral
• Apply the brakes evenly
• Bring the vehicle to a stop
• Shut off the ignition
• Do not shut off the ignition until after you have come to a complete stop because you will lose power steering control and other functions allowing you to control the vehicle.

A Single vehicle automobile accident is not always what it appears to be on the surface. Typically, when an automobile crash happens involving a single car, even the police attribute it to driver error, environmental causes, or similar combination of contributing factors.

Not always as simple as it seems on the surface. In-depth investigation of single vehicle, including tractor trailer, accidents can often disclose more interesting information.

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Learning to drive is one of life’s milestones. Parents can serve an important role by encouraging teen driver safety throughout the year.

Despite all of the recent and focused media attention devoted to making us all aware of the potential risks to younger people contracting the H1N1 virus, or Swine Flu, the Center for Disease Control also reminds us that this is not the greatest threat facing today’s teenagers.

Statistics are a good place to start, since they give us a picture of what’s happening. I have included a few sobering facts below from NHTSA, the National Highway Traffic and Safety Administration.

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In the early morning hours today, a Palm Beach County Sherriff’s Deputy was struck by a suspected drunk driver in Lake Worth. Yes, you heard correctly. I used “drunk driver” in the same sentence as “early morning”.

It is our hope that the Deputy in the patrol car was not badly injured. It is not enough that these brave public servants must dodge bullets in the course of their duties, but they now must also be vigilante for deadly drunk drivers; even right around breakfast.

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