Syracuse Personal Injury Law Blog

Trucking company fined for suspending sick driver

Published on: August 4, 2015 | By Jeff DeFrancisco

The trucking industry can be a brutal, unforgiving, and time sensitive business. This means that things that keep trucks off the road and moving are dealt with harshly. Suffice it to say, traffic is the enemy. Weigh stations are received with disdain. And illnesses? They happen, but it is more likely than not that a driver will be behind the wheel while sick and even tired.

While time is of the essence to trucking companies, pushing drivers too far may result in severe penalties. Such was the case with a company that was forced to pay $20,000 to a driver who was punished because he refused to drive because he was under the weather.

According to a recent overdriveonline.com report, the trucking company had suspended the driver without pay for reportedly refusing to dry because he was feeling ill. The Department of Labor’s Occupational Health and Safety Administration (OSHA) assessed the punitive damages because the company had a policy that encouraged drivers to drive despite being sick or exhausted. The company disagreed with the assessment, and vowed to appeal it to federal court.

Manufacturer recalls nearly 90,000 tires

Published on: August 3, 2015 | By Jeff DeFrancisco

If there is one thing, besides your engine, that it is wise to maintain during the summer driving season, it is your tires. Often overlooked, tires provide the ability for cars to maneuver around hazards and stay on the road in inclement weather. For the most part, tires are fairly reliable. But when they are compromised, either because of excessive wear or design defects, the results can be catastrophic.

This is likely the reason behind the recall of nearly 90,000 tires manufactured by Hercules Tire & Rubber Company. The recall was initiated after the National Highway Traffic Safety Administration was informed that the Hercules tires were similar to another tire that was recalled last fall because of problems with tread separation.

As such, the Ohio-based company agreed to recall their tires, specifically 15 and 16 inch models, so that the potentially defective tires can be replaced with updated models that do not have the separation issue. The recall is scheduled to start in August.

Cosmetics manufacturers may cross the line with advertising

Published on: July 29, 2015 | By Jeff DeFrancisco

Makeup advertisements are supposed to be alluring. They are designed to give the consumer the impression that they will become just as beautiful as the people they see on the screen. This is where lighting angles and clever wording becomes important in the commercial or the magazine ad.

Because of this, it is not surprising that many advertisements are not telling the truth about what their products can do. As a matter of fact, a new study published in the Journal of Global Fashion Marketing found that fewer than 20 percent of all claims made in cosmetics advertisements are actually true.

Researchers reviewed more than 275 advertisements in popular fashion magazines, including Vogue, Glamour and Marie Claire that featured makeup products, nail polishes and fragrances that included phrases such as “clinically proven” or “dermatologically tested.”

Hackers take control of Jeep, expose software defect

Published on: July 28, 2015 | By Jeff DeFrancisco

If it seems like we are picking on Fiat Chrysler in our last few posts, we certainly are not. However, the embattled automaker has been in the news for its many failures to correct mechanical and structural issues that have led the National Highway Traffic Safety Administration to levy a record fine against the company.

But that is not the only thing keeping Fiat Chrysler in the news. In a prior post we highlighted the potential danger of automobiles being hacked by unauthorized users. While this may seem highly unlikely and more like science fiction, a recent article published by tech magazine Wired, suggests that being hacked could actually happen.

Essentially, the article highlighted how hackers took control of a Jeep Cherokee while a person was driving. They were able to slow the car down and bring it to a stop, and then sending it into a ravine despite the driver’s pleas and attempts to prevent it.

NHTSA issues record fine against Fiat Chrysler over Jeep issues

Published on: July 27, 2015 | By Jeff DeFrancisco

While it may seem like there are fewer recalls this year compared to 2014, it is arguable that the final number will eclipse last year’s record. Part of this may be attributable to new technology that is being introduced, and not necessarily perfected for many uses. Also, the number of fines levied against automakers for failing to issue recalls could be a strong deterrent against complacency in correcting defects.

For those unfamiliar with the new trend of assessing fines against automakers, the National Highway Traffic Safety Administration has issued some of its heaviest fines over the last year. For example, General Motors was forced to pay a $35 million fine for its failure to address the ignition switch problem that led to millions of vehicles being recalled. Similarly, Honda was assessed a $70 million fine for its failure to inform consumers about the dangers of airbags manufactured by Takata.

The latest fine assessed to Fiat Chrysler is the largest by far; $105 million. The announcement comes on the heels of a rare public hearing where the NHTSA detailed a litany of the company’s shortfalls in alerting consumers of recalls, failing to correct mechanical hazards in a timely manner and even failing to find solutions for existing problems; often leaving consumers left with no answers and no options.

The numbers say it. Distracted driving is still a problem

Published on: July 24, 2015 | By Jeff DeFrancisco

It appears that if a dangerous epidemic is not in the major news headlines, people tend to forget about it. An example of this could be seen in how distracted driving accidents are treated. Two summers ago, everyone from major celebrities and federal officials were bemoaning the practice of using cell phones while behind the wheel. While the drumbeat of prevention has seemingly died down, the number of distracted driving related accidents have not.

A recent HuffingtonPost.com article highlighted that nearly half of all adults admit to texting and driving, and an investigation into a Tennessee bus accident last winter revealed that it was caused by distracted driving. The driver who caused the fatal crash was later found dead in his home; but authorities have released little information about the death.

Nevertheless, it is a harsh reminder that distracted driving is still a problem on America’s roads. In fact, there are a number of statistics that speak to this issue. This post will highlight a few.

Three tips to make a motorcycle or bicycle commute safe

Published on: July 23, 2015 | By Jeff DeFrancisco

When the weather is this good during the summer time, it may sometimes be difficult to go to work. This is not because traffic is terrible or strangled by snow; it’s because nice days like these shouldn’t be wasted by spending so much time indoors. Some in our region make the most of the weather and their commute time by riding bicycles or motorcycles to work. This way, they get to enjoy the outdoors and get to work in a timely manner.

Nevertheless, riding bikes and motorcycles come with unique dangers. After all, riders don’t have a steel cage to protect them in the event of a crash, so the protection between the asphalt and their person is likely only a helmet. With that said, motorcycle riders and bicyclists must be vigilant while commuting. This post will provide some helpful tips to make the commute safe.

Choose your route carefully – Indeed, the scenic route may provide the most enjoyment, but make sure that it gives you enough room to maneuver, has lighter traffic than main thoroughfares, and does not have any additional hazards (such as potholes) that can lead to an accident.

Could new trucking legislation make it easier for truckers?

Published on: July 23, 2015 | By Jeff DeFrancisco

In many of our posts on the trucking industry, we note that semi-trucks are very dangerous because of their size, and that accidents with passenger vehicles can be deadly. Additionally, we highlight how injury victims face long roads of recovery, and how many are not compensated commensurate with their injuries.

However, we tend not to focus on the problems that lead to these accidents; namely excessive speed and fatigue. These elements are important because they factor into the time frames that truckers have to deal with in order to deliver goods by a certain time. These times may not take into account the wait times that truckers may not have any control over, and the delays caused by traffic and weather.

Because of this, truckers may be forced to work more than what is allowed under federal guidelines, and not receive the proper rest that would keep them sharp while behind the wheel, all the while not getting paid what they deserve.

Concussion symptoms – What to look for in kids who are injured

Published on: July 22, 2015 | By Jeff DeFrancisco

The summertime is naturally a time for increased activity for kids. Whether they are playing on the playground, on jungle gyms or during dance or gymnastics classes, the potential for kids to fall and injure themselves cannot be underestimated. For those kids that suffer head injuries, it is important to take all the precautions necessary to protect them.

While the American Academy of Pediatrics recommends calling a child’s pediatrician for injuries greater than a bump on the head, this post will focus on the symptoms parents and caregivers should watch out for.

Physical clues – The most common indicators of a concussion include outward physical clues, including loss of consciousness, appearing dazed, complaining that he or she is seeing stars, and prolonged headaches.

The science behind potential airbag failures

Published on: July 20, 2015 | By Jeff DeFrancisco

Much has been said about the Takata airbag recall. It has been reported that nearly one in seven vehicles on the road in the United States could be potentially affected. This translates into more than 30 million cars, trucks and vans across the country. In light of the debate over who would be responsible for injuries stemming from potentially defective airbags, not much has been said about what makes them dangerous.

A recent article published in The Atlantic does a great job of describing this, and we will highlight it through this post.

Essentially, the danger, and suspected defect can be traced to the chemical compound used to inflate the airbags that are supposed to protect a driver in the event of a crash. Prior to 2001, airbags were inflated by using tetrazole; but in 2002 Takata changed the compound to ammonium nitrate. Takata reportedly defended this change by saying it was “safe and effective for use in airbag inflators when properly engineered and manufactured.”