Can This Device Prove Who Caused a Truck Accident?

Commercial aircraft are required to have cockpit voice recorders and flight data recorders. You may know of these devices as ‘the black box’, a term frequently used by the mainstream media after a major airplane crash. Black boxes record operational data on planes (such as the movement of rudders, ailerons or actions of the autopilot) and sounds from the cockpit. Without the black box, we wouldn’t be able to determine the causes of plane crashes. Commercial trucks also have a ‘black box’ called the electronic control module (ECM). ECMs are onboard computers that control and monitor engines, transmissions and braking systems.Depending on the type of truck involved, ECMs can record varying information. For example, some ECMs can record truck speed, time driven, clutch use, cruise control status and sudden stops. If a trucker were to cause an accident, his or her ECM might show the truck was speeding at the time of the crash. Data collected from the ECM might also show whether a truck driver’s hours-of-service logs have been falsified. Remember, many ECMs record driving time!Black box technology on trucks continues to improve. Electronic logging devices (ELDs) are very similar to ECMs, but will be capable of recording driver behavior with greater accuracy. ELDs record engine hours, vehicle movement and location information. It would simplify the process of proving who is at fault in an accident. New Federal Motor Carrier Safety Administration rules may make ELDs mandatory for all commercial trucks by December of 2017.One of the greatest benefits of ELDs is that drivers would be unable to falsify driving logs that record the numbers of hours driven. At the moment, many commercial carriers still use written driving logs that truckers can falsify. Truckers can falsify these logs to skirt hours of service regulations that cap how many hours they can operate. As we have discussed in previous blogs, drowsy truckers are much more likely to cause accidents.Roadside safety inspectors could view information on ELDs to determine whether drivers are over their hours of service limits. In addition, attorneys or law enforcement could pull ELD data to determine who is at fault in an accident.Both ELDs and ECMs are important for proving negligence after a trucking accident. These devices can show whether truckers were violating hours of service rules or speeding. For these reasons, the data collected by ELDs and ECMs are often used as evidence in truck accident cases.

Commercial Carriers May Tamper with the Electronic Control Module

Commercial carriers may try to destroy ECM data to shed themselves of liability. If you or a loved one has been hurt in a truck accident, it is extremely important to contact an attorney right away. Your attorney could take steps to file a protective order that would prevent the destruction of ECM or ELD data. A court order could also prevent access or tampering with the truck involved in your accident.Remember, the data collected by ECMs and ELDs may be crucial for ensuring that you receive the care and resources needed to recover from your injuries or loss. Mike Love & Associates, LLC not only has experience handling truck accident cases, Mike Love is the former owner of a trucking company!The Texas truck accident attorneys at Mike Love & Associates, LLC can help people who have been harmed by negligent commercial carriers and truckers.

Firestone Tire Accidents Show Why You Need to Pay Attention to Recalls

On August, 9^th, 2000, Bridgestone/Firestone, Inc. and Ford announced the recall of 14.4 million tires that contained a fatal safety defect. At the time of the recall, Firestone’s tires had been connected to 46 fatal car accidents. Another 80 accidents involving Firestone tires were connected to serious injuries. Crashes occurred because Firestone’s tires would peel their casings off after being exposed to high speeds and heat. When Firestone’s tires failed, people would lose control of their vehicles.Eventually, Firestone and Ford recalled almost 20 million tires. It turns out that 271 people died and more than 800 were injured from accidents caused by the defect.The Firestone and Ford recall crisis of late 2000 can teach us that it is extremely important to pay attention to recall information. Never entrust your life or the lives of your loved ones to recalled products.While automakers are required by law to notify consumers of recalls, sometimes people do not receive the message. Some people continue using vehicle parts after they have been recalled. Earlier this year, investigators with NHTSA determined Takata’s defective airbag caused the death of a Fort Worth teenager. The owners of the vehicle had been sent multiple recall notices over the last several years.In 2016, you can easily and quickly receive information on auto part recalls. Here are several ways to stay informed on recalls by using the internet.

Want to Check for Auto Part Recalls? This Guide May Help

Here are four ways you can stay informed on auto part recalls.Use safercar.gov: Safercar.gov is a recall information website operated by NHTSA. You can use the website’s search engine to pull information on tire, seat, vehicle and equipment recalls. To search for recalls, you will need the brand names, parts numbers, or tire lines and sizes to plug into the search engine. If you are looking for brand and tire line information, check the tire’s sidewall.Use NHTSA’s app: NHTSA has an app that can automatically send recall information to your smart phone. The SaferCar app is available for Android and iOS. If you wish to manually search for information using the app’s search engine, you will need the same information required for safercar.gov.Follow NHTSA on social media: NHTSA’s Facebook and Twitter accounts will send updates to followers when major recalls have been issued. By following NHTSA, you will be among the first to hear about recalls. In addition, NHTSA’s social media accounts offer helpful vehicle safety information.Follow Mike Love & Associates, LLC on Facebook and Twitter: Our social media accounts and blog will discuss recalls, both past and present. We also post guides on how you can check for recalls (much like this one!).Staying up to date on recalls is an easy task to accomplish in 2016. It is also a matter of great importance, as defective auto parts have killed thousands of people over the last several decades.The Texas personal injury attorneys at Mike Love & Associates, LLC, are dedicated to improving the safety of our community.

Must-Know Facts About Lawn Mower Safety

More than 274,000 Americans were treated for lawn mower injuries last year. Although we depend on lawn mowers to keep our property well-maintained, they can also jeopardize our safety. Adults and children can suffer broken bones and even amputations from lawn mower injuries. There are certain aspects of lawn mower safety that should be followed to reduce the risk of being harmed.Wear the proper attire: Never mow the lawn barefoot or while wearing sandals. Lawn mower blades can spin at 200 miles per hour. For this reason, lawn mower blades can put people at risk for amputations and deep lacerations. Wear long pants and hard-toed shoes while mowing the lawn to protect yourself from the fast-moving blades. Also wear eye protection to shield yourself from fast-moving debris.Clear the lawn before mowing: Pieces of debris hit by lawn mower blades are turned into missiles. Rocks, toys, sticks and other debris can travel fast enough to cause catastrophic to bystanders. Never remove guards and deflectors on lawn mowers, as they exist to reduce the risk of injuries caused by debris.Keep children inside while mowing the lawn: A lawn mower accident last month involving a Texas boy serves as an important reminder to keep children inside while mowing. The 4-year-old boy was backed over while his father was mowing the lawn. Although the boy survived, he required several surgeries to his foot. Don’t take a chance. Be sure to keep children and small pets indoors.Don’t add fuel while the engine is hot: Check fuel levels before mowing the lawn. Exhaust from lawn mowers can rise above 240 degrees, enough to cause third-degree burns. If you must, let the engine cool before adding more gasoline.Don’t let small children use a lawnmower: According to the American Academy of Pediatrics, only children 12 and over should use push lawn mowers. In addition, children should be 16 and older before using riding lawn mowers.Be careful while performing maintenance: Always make sure your lawn mower is turned off before performing maintenance. Maintenance is an important aspect of lawn mower safety and should not be neglected.Check for recalls: Lawn mowers are occasionally recalled for safety defects. For example, John Deere recently recalled 5,500 of its lawn and garden tractors for a defect that put bystanders at risk while the mower was in reverse. Visit the Consumer Product Safety Commission’s website to make sure you don’t own a recalled model.Be wary of electrocution hazards: If you are using an electric mower with an extension cord, never operate over water or wet grass.

On the Importance of Teaching Children Lawn Mower Safety

It is extremely important to practice lawn mower safety, because one mistake can have permanent consequences. A 12-year-old boy in North Carolina recently appeared on the news as a strong proponent of lawn mower safety. Eight years ago, the boy lost his leg in a lawn mower accident. He made some good points when he said the most people think of mowing the lawn as a chore, but don’t consider that it is also a dangerous activity.If parents are going to require their children to mow the lawn as a weekly chore, it is important to go over the basics of lawn mower safety to avoid accidents.The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage a strong commitment to personal safety.

Can New Auto Technology Prevent Truck Accidents?

New automotive technology looks promising to prevent car accidents. Collision avoidance and lane departure systems are becoming standard features on many vehicles sold in the United States. These technologies promise to prevent the ‘human error’ factor involved in most car accidents.Can these same technologies prevent accidents involving large semi-trucks? The National Highway Traffic Safety Administration has tested some of these technologies on commercial trucks with great results!If we look at causes of truck accidents involving human error, the benefits of these technologies become apparent. Lane departure warning systems can alert sleepy commercial truckers if they begin to depart from the road. Collision avoidance systems can automatically brake for tired commercial truck drivers. Another new technology can automatically steer during emergency situations.Collision avoidance systems are among the most exciting of the new technologies being considered for use on commercial trucks. This technology uses radar systems to detect moving, stopped and stationary objects. Collision avoidance systems also use audible and visual warnings to alert drivers.Do collision avoidance systems work? After all, we wrote about a fatal accident involving a Tesla Model S several weeks ago. The vehicle had Autopilot (which incorporates collision avoidance technology) active at the time of the crash. However, the collision avoidance systems used by Tesla’s vehicles are different than what commercial trucks may use.Testing conducted by NHTSA shows collision avoidance systems on trucks may be highly effective at preventing accidents.

NHTSA Tests Collision Avoidance Technology on Commercial Trucks

NHTSA equipped 150 Class 8 tractor-trailers with collision avoidance systems. To test the effectiveness of these systems, NHTSA recorded results for one year. More than 165 drivers were involved in the study.The data involved 6,000 collision avoidance system activations, 3 million miles and 110,000 hours of driving! According to the results published by NHTSA in its report, Field Study of Heavy-Vehicle Crash Avoidance Systems: Final Report, none of the 6,000 activations resulted in collisions.So there you have it, these technologies can at the very least help to prevent truck accidents. If we consider that drowsy driving and driver inattention are a major cause of truck accidents, the benefits of collision avoidance technology are obvious. Some companies have plans to utilize collision avoidance and lane departure systems. Volvo claims it will use both on its VN series trucks.NHTSA statistics show that 3,903 people died and another 111,000 were injured in truck accidents during 2014. New technologies on trucks may greatly reduce these numbers and make driving much safer for everyone.The Texas truck accident attorneys at Mike Love & Associates, LLC, will hold negligent commercial carriers accountable when they cause accidents.

Dangerous Dogs: Can Owners Be Held Accountable for Bites?

Dog bites are relatively common injuries that should always be taken seriously. According to the Centers for Disease Control, there are 4.5 million dog bites each year in the United States. About one in five of these bites will cause infections.Why do dogs bite innocent people? In many cases, dogs bite because they have negligent owners. Owners may allow dogs to wander around without leashes or treat them in ways that lead to hostile behaviors. For these reasons, if you have been bitten by a dog, you may have legal options. Under Texas law, there are scenarios where people injured by dog bites can hold owners accountable.In Marshall v. Ranne, the Texas Supreme Court established criteria for civil litigation involving animal bites. Some call the criteria used by the court in this case the ‘one bite rule’. What are these criteria?

• Dogs must have a history of aggressive behavior. An owner must also be aware of these aggressive tendencies. This can include prior bites, attempts to bite or other aggressive behaviors.

• An owner has failed to restrain the aggressive dog (such as by allowing them to roam neighborhoods freely).

Under these circumstances, if a dog bite occurs, it is possible the owner could be held liable. Other aggressive acts by dogs are also covered by this rule, such as knocking people to the ground and causing injuries.An additional criteria that is often very important in dog bite cases is the breed of the dog involved in the attack. While Texas law does not yet apply strict liability to owners of aggressive breeds, such as Pit Bulls, the strength and aggressive nature of the dog’s breed can still be used to establish whether or not the owner took reasonable steps to restrain the dog.  Furthermore, if your city has an ordinance requiring all dogs to be kept on a leash or in a pen at all times, the mere fact that the dog was allowed to roam in violation of the law will establish the negligence on the owner.

Dog Bites and Texas Law: When Does the One Bite Rule Apply?

We can use a hypothetical example to explain a situation where a dog owner may be held liable for injuries.Let’s say that you are going for a morning jog through your neighborhood. As you are jogging, you notice your neighbor’s dog, who you jokingly refer to as evil incarnate, chasing you while barking ferociously and baring its teeth. Your jog turns into a full sprint, but you find yourself unable to outrun the snarling animal. It catches up to you and delivers a strong bite to your lower left calf. Another neighbor comes out to your aid, scaring the dog away and sending it running back home. You spend the next week in the hospital recovering from a serious infection caused by the bite.It turns out this is not the first time this dog has bitten someone. Four months ago, it bit a friend of the owner. The owner also made no attempts to restrain the dog, despite knowing its aggressive tendencies. According to the criteria of the one bite rule, you would have a case to make a claim and/or file a lawsuit.An attorney could review medical records from your treatment for the dog bite, the behavioral history of the dog and witness statements to help establish your case.What our hypothetical example does not cover is many dog bites involve children. Dog bites in children can cause severe physical disfigurement and long-lasting emotional distress. Children may also have weaker immune systems, making them more prone to infections from bites. If you or a loved one has been bitten and seriously injured by an aggressive dog, contacting an attorney can help you explore legal options.The Texas personal injury attorneys at Mike Love & Associates, LLC, will help injured victims of negligence seek justice.