Can You Avoid Buying Defective Consumer Products this Holiday Season?

Holiday shopping has commenced. Over the next month, billions of hot products will fly off the shelves and wind up as gifts at family gatherings. If you are about to start shopping, please be aware that defective consumer products can pose a significant safety risk. Recent history is full of examples.Hoverboards gained notoriety during last year’s holiday season after several reports of fires and explosions. In one case, a defective hoverboard almost burned down a house. Earlier this year, Samsung captured headlines over reports its Note 7 could explode and catch fire. The Federal Aviation Administration banned Note 7’s from being carried on flights.Children’s toys may also pose dangers, even without defects. A recent Consumer Product Safety Commission (CPSC) report claims toy injuries resulted in 11 deaths and more than 185,000 visits to emergency rooms in 2015. All injuries and deaths affected children under 15 years old. Some toys may be flagged by consumer safety groups, and others could be under recall for defects.Our guide may serve as a tool for avoiding these dangerous consumer products.

How Do You Check for Product Recalls?

One of the best ways (but not the only way) to check for product recalls is to use the CPSC’s website. This area of the site displays recent recalls. You can also use the website’s search engine to look for specific products.If you were to click on a listed product, it would display detailed information on why the product was recalled. The page would inform you of recent injuries or accidents involving the product, and where it is sold. It would tell you which company manufactured the product and whether you can receive repairs or a refund.Using CSPC’s website is not the only way to check for product recalls. You can also sign up for automatic email alerts that will notify you when specific products are recalled. Alerts can be tailored to outdoors products, children’s toys or sports and recreation equipment – just to name a few examples.The CPSC also operates www.saferproducts.gov, which allows consumers to post reports of possible injuries or other safety concerns involving products. This website also allows you to look for recalls.

How Else Can You Check for Dangerous Products?

Some organizations release annual lists of dangerous toys and consumer products. World Against Toys Causing Harm (W.A.T.C.H.) recently released its “most dangerous toys of 2016” list. Toys that made 2016’s list presented choking and suffocation hazards. Other toys put children at risk for eye, impact and ingestion injuries.Many toys that make it on W.A.T.C.H.’s naughty list have many of the same problems. According to the organization, these toys are defective due to poor design, manufacturing and marketing practices.It never hurts to perform research before buying a product. By checking beforehand if other people have issued complaints, or if the product is under recall, you may help make the holiday season safer for yourself and loved ones.The Texas personal injury attorneys at Mike Love & Associates, LLC encourage you to remain vigilant of defective consumer products this holiday season.

How Can the Department of Transportation Prevent Fatal Truck Accidents?

U.S. Department of Transportation statistics show there were 3,424 fatal truck accidents in 2014. Causes of these accidents included commercial drivers who were speeding, using drugs or alcohol or falling asleep at the wheel. Additional accidents were caused by drivers travelling behind semi-trucks who were unable to see upcoming traffic or obstacles.Federal regulators and commercial carriers have considered several solutions to prevent truck accidents. Solutions include requiring speed-limiting devices, ELDs, automatic emergency brakes or early warning systems on commercial trucks.

Can These Solutions Prevent Fatal Truck Accidents?

• ELDs and hours of service: Federal regulators will soon require electronic logging devices (ELDs) on commercial trucks. These devices electronically log how many hours truckers are driving. Presently, many truckers still record their driving hours (hours of service compliance) on paper logs. Proponents of ELDs claim paper logs can be falsified. ELDs record information directly from the truck, making falsification impossible. The FMCSA believes ELDs will save lives, but it has experienced pushback from the commercial trucking industry.

• Speed-limiting devices: The FMCSA and NHTSA recently proposed speed-limiting devices on commercial vehicles weighing more than 26,000 pounds. If this proposal became a rule, it could limit truck speeds to 60, 65 or 68 miles per hour. Speed-limiting devices could reduce the damage caused by truck accidents. Trucks travelling at faster speeds will have greater impact force when they collide with other vehicles. Opponents of this measure claim speed-limiting devices would cause road rage and speed differentials between large trucks and other traffic.

• Automatic emergency braking: NHTSA has considered a rule that would require all trucks to be outfitted with automatic emergency brakes (AEBs). According to the University of Michigan Transportation Research Institute, AEB’s would decrease fatal truck accidents by 44 to 47 percent. This technology could potentially save hundreds of lives every year.

• Early warning systems: Due to the nature of their job, truck drivers can become inattentive after driving for long periods of time. Early warning systems use onboard sensors to alert drivers when a collision is imminent. They also warn drivers who are in danger of veering off the road. The best early warning systems would utilize automatic brakes in case the drivers failed to respond.

How Would You Prevent Fatal Tuck Accidents?

There are other solutions that may prevent truck accidents not mentioned on our blog post today. One example is requiring sleep apnea screening for commercial drivers with certain BMIs or preexisting health conditions.Let’s pretend for a moment that you are the Administrator of the FMCSA, and tasked with developing solutions to prevent thousands of deaths and injuries caused by truck crashes each year. Which of these solutions would you pursue to prevent these deaths and injuries? Would you create your own solution?Let us know what you think by connecting with the Texas truck accident attorneys at Mike Love & Associates, LLC on Facebook and Twitter.

Is Your Vehicle Ready for Cold Weather?

With temperatures still in the 70’s and 80’s, winter weather may not seem like a pressing concern. The bad news is that winter is coming, and with it, a higher probability of being involved in an auto accident. Officials at the Texas Department of Transportation (TxDOT) are using the next few weeks to prepare for winter weather hazards. TxDOT has started servicing dump trucks, sanders and other de-icing vehicles in preparation for possible ice storms. Now that TxDOT is preparing, we should do the same. There is a lot you can do to prepare your vehicle for cold weather.

4 Ways to Prepare Your Vehicle for Cold Weather

1. Check your brakes: Failing to check one of the most important pieces of equipment on your vehicle can prove fatal this time of year! Now is the time to check if your brake pads and fluid need to be replaced. Depending on your level of skill servicing vehicles, you may need to seek out an auto mechanic. It is possible to make simple mistakes while replacing and discarding brake fluid.
2. Replace windshield wiper fluid: There are varying windshield wiper fluids for different seasons. Winter windshield wiper fluid uses alcohol or other deicing chemicals, making it less likely to freeze.
3. Check your tires: Cold weather requires healthy tires. You can check your tread depth by using the quarter trick. Take a quarter, and stick it in the tread of your tires. If part of Washington’s head is covered, your tires may have enough tread depth. Check your tires for uneven wear and tear. Be sure to check your tire alignment and pressure. It is imperative to inspect several different aspects of your tires for winter weather, so this may be best left to a professional mechanic.
4. Carry emergency supplies: You should prepare for the worst-case-scenario; your car breaking down on the side of the road. Carry a first aid kit, jackets, blankets and gloves in your trunk.

When Are Weather Conditions Unsafe for Driving?

Avoid driving during and after an ice storm. Do not risk it. Iced roads are too dangerous to drive on. Many businesses shut down during these conditions because it is unsafe for their employees to drive.If for any reason you are forced to drive during freezing weather conditions, TxDOT has suggestions for improving your safety. TxDOT recommends driving at slower speeds. Keep in mind, speed limits are for normal road conditions. This means that driving at 70 miles per hour becomes dangerous as the weather gets colder. Sleet and ice can accumulate on bridges, elevated surfaces and shady areas. TxDOT also recommends to give other drivers three times the normal following distance in case you need to stop. If you receive a warning that roadways ahead are iced, pull over and wait for conditions to improve.The Texas personal injury attorneys at Mike Love & Associates, LLC encourage you to adopt safe driving practices as winter weather approaches. Holiday weekends are notorious for auto accidents. Please be safe.

Do You Know How to Avoid Accidents with Wildlife?

Accident data collected by insurance companies show that Texas drivers are more likely to hit deer in November than any other time of the year. Accidents with wildlife involving other types of animals are even more daunting to motorists. Imagine accidently hitting a large bear or hog! In that case, it’s a good idea to stay in the vehicle and alert the authorities.When these animals cross the road in front of us, they cause an average of $4,000 in property damage.  Collisions with wildlife also cause catastrophic injuries and death. Texas Department of Transportation statistics show there were 24 fatal car accidents involving animals in our state in 2015.You don’t even have to hit wildlife to be involved in a car accident! A recent crash here in Angelina County involved the driver of a passenger car hitting the brakes to avoid a deer and being struck from behind by a semi-truck. The driver was forced off the road and transported to a nearby hospital.For Angelina County residents, seeing deer and other wildlife on the roadways is a normal occurrence. It is important that we know how to avoid accidents with these critters. The Texas Department of Parks and Wildlife (TDWD) has some ideas.

5 Tips for Avoiding Accidents with Wildlife

• Pay closer attention from sunset to midnight: Deer and many other animals are more active from sunset to midnight. You may have to pay closer attention during these times and make good use of your high beams when there is no oncoming traffic.

• Avoid swerving: TDWD suggests braking gently and staying in your lane. Slamming on the brakes or swerving can cause other nearby drivers to lose control.

• If there is one, there are more: If you see a deer, there are probably more than one. Deer travel in groups. Other wild animals, such as bears, may follow similar behaviors.
• Don’t touch the animal: If you hit a deer or other type of animal with your vehicle, it may not be dead. Any animal you hit is going to be frightened, wounded, mad or all of the above. There is a video going around of a woman who was attacked by a deer she hit with her car. After opening the door to check on the wounded animal, the deer forced itself into her car and started hitting her with its hooves. Don’t make this mistake.

• Roadkill is a road hazard: Some people hit-and-run animals and leave their bodies on the road. Large animals do not have to be alive to pose a significant risk to other motorists.

Living near forested areas has its perks, but it also has certain risks for motorists. We need to be extra attentive to the fact that we share the road with deer and other animals. When you are driving next month, please stay safe and keep an extra eye out for this common hazard.The Texas personal injury attorneys at Mike Love & Associates, LLC encourage you to drive safely.

How Can an Attorney Prove Fault After a Car Accident?

An experienced attorney has many tools at his or her disposal to prove fault after a car accident. They may secure phone records to show a motorist was texting at the time of an accident, or they can use witness statements or camera footage. Perhaps high-definition photos of damage to a vehicle or medical records can be used. An attorney uses more than one source of evidence to strengthen a case. A lesser-known tool for proving fault is using an event data recorder (EDR) found in almost all passenger vehicles.EDRs are similar to the black boxes found inside commercial and noncommercial aircraft. They are also similar to electronic control modules found in commercial trucks. Depending on what year the vehicle was made, EDRs are capable of recording various types of data, such as vehicle speed at the time of a collision. EDRs made after 2013 include data on crash event duration, engine rpm, steering wheel angle, vehicle speed and brake application – just to name a handful of examples. In fact, EDRs made after 2013 are required to collect this data.EDRs are not mandatory, but that may change in the near future. Several legislative and National Highway Traffic Safety Administration rulemaking attempts have sought to make these devices mandatory in all passenger vehicles. Despite the lack of a mandatory rule, the vast majority of vehicles in the US have EDRs.EDRs are extremely useful for proving fault in car accidents, especially when combined with other types of evidence. We will explain further.

How an EDR May Be Used to Help Prove Fault After a Car Accident

Let’s say for example a motorist was driving from Houston to Lufkin, and he gets hit by a distracted driver. The injured motorist hires an attorney, who works on his behalf to make sure he is fairly compensated by insurance. In addition, the injured motorist files a lawsuit.To prove fault, the injured motorist’s attorney gets a court order to secure data from the at-fault driver’s EDR, which shows the brakes were not applied at the time of the accident despite travelling at 30 miles per hour.In addition, the injured motorist’s attorney gathers social media data from the at-fault driver. Social media data shows the at-fault driver had just typed a Facebook post complaining about the drive from Houston to Lufkin at the exact time of the accident.See how EDRs can be extremely useful for proving fault? It is not just that they are useful by themselves, but that they can be essential when combined with evidence from other sources. Remember, commercial trucks use comparable technology, and similar rules apply to truck accident cases.The Texas personal injury attorneys at Mike Love & Associates, LLC, can help victims of car accidents and their families hold negligent drivers accountable.