How Do I Check for Motor Vehicle Defects?

Millions of vehicles are recalled in the US each year for defects that may cause catastrophic injuries and deaths. For example, General Motors’ (GM) faulty ignition switch may be responsible for an estimated 124 deaths and 274 injuries. Vehicles with this defect could lose power while in motion. As a result, the airbags, power steering, and other necessary features no longer worked. GM’s ignition switch is only one example of how motor vehicle defects can contribute to horrific injuries or wrongful death. It is important to stay on top of recall notices so you and your family can stay safe. Before explaining how to use popular tools to check for vehicle defects, it is important to emphasize that automakers do not continuously issue a recall once defects have been found. For example, GM engineers detected the ignition switch defect in 2004, but issued a recall only in 2014. Keep this in mind as you read today’s blog. If your automaker is complying with federal laws, it will issue a recall once it determines a defect. The two most popular tools to check for recalls are SaferCar.gov and the myCARFAX app:

1. SaferCar.gov: The National Highway Traffic Safety Administration (NHTSA) operates SaferCar.gov, a website that allows you to check for unfixed recalls. To use the website, grab your vehicle identification number (also called the VIN). You can locate this number by looking at the driver’s side dashboard. It may also be on your car insurance policy card. Once you have the number, plug it into NHTSA’s VIN search tool. However, keep in mind that NHTSA’s tool may not show very recent recalls. The tool will also cover only unfixed recalls from the last 15 years. In addition, the tool will not show information on foreign vehicles.

2. Use the myCARFAX app: You could use the myCARFAX app (Android and iOS) to check if your vehicle is under recall. In addition, this CARFAX will also let you know your vehicle’s repair history. However, as with NHTSA’s website, you will also need to enter your VIN to receive this information. The myCARFAX app will also send recall notices to your phone.

What Can I Do with a Recalled Vehicle?

Depending on the circumstances, your vehicle may be recalled by NHTSA or the manufacturer. If your vehicle is under recall, then you can receive free repairs from your local dealership. However, keep in mind that it may be simply too dangerous to drive your vehicle. For example, NHTSA has warned owners of 2001-2003 Honda Civics and Acuras not to drive their cars, even to the dealership for repairs. In these cases, see if the dealership will tow your vehicle to the shop for repairs.

Unfortunately, repairs may not be completed right away. If the repairs are scheduled to take more than one day, then you could ask your dealership for a loaner vehicle. Depending on the circumstances, you could also file a lawsuit if a vehicle defect harmed you or a loved one. In this case, a Texas defective product attorney at Mike Love & Associates, LLC could help you determine your eligibility for filing a lawsuit.

How Can Your Children Be Injured at Daycare?

Millions of parents across the country rely on daycare centers to supervise their children while they are at work. Parents place enormous trust in daycare centers. After all, these businesses are tasked with caring for their children for several hours each day. However, there are instances in which daycare centers betray parents' trust. When licensed daycare centers are negligent, children can suffer catastrophic injuries or wrongful death. Common causes of tragedies at daycare centers may include:

• Lack of supervision: Daycare workers cannot properly supervise children if they are distracted. A lack of supervision may expose children to fall injuries, choking hazards, and other dangers. In some cases, daycare workers have left children in hot cars after becoming distracted. The purpose of a daycare center is to supervise children. A lack of supervision is one of the most egregious violations.

• Abusive or dangerous staff: Daycare staff members with a history of violence or sexual abuse can harm children. Children can be victimized when daycares fail to conduct background checks on staff.

• Poorly trained staff: Daycare staff may be unable to respond to certain types of emergencies. For example, if a child drowned or stopped breathing for other reasons, staff would need to know CPR to save the child’s life.

• Unsanitary conditions: Children can develop illnesses when daycares do not provide a sanitary environment. Daycares that do not regularly sanitize the premises can put children at risk of developing deadly bacterial and viral infections. Although this is a sensitive topic for some, daycares can also put others at risk by accepting children who have not received immunizations.

• Defective equipment or toys: Each year, defective children’s products are recalled by the Consumer Product Safety Commission and manufacturers. For example, some toys may present a choking or burn hazard to children. In other cases, defective cribs or furniture may cause fall injuries. These products can cause accidents at daycares.

Can I File a Lawsuit for Daycare Injuries?

Unfortunately, these are only a few examples of how your child could be harmed at a daycare center. This is by no means an exhaustive list. The essential question in filing a lawsuit is whether the daycare was negligent. Negligence is not always apparent to parents or caregivers after an accident. The daycare accident that harmed your child may warrant further investigation by law enforcement and an attorney. Depending on the circumstances that caused the accident, it may be possible to file a lawsuit against the daycare center. Daycare accidents can result in brain injuries, burn injuries, and other serious harm that could have lifelong consequences for you and your child. Damages from a lawsuit could help pay for some of the expenses associated with these injuries. If your child was injured at daycare, contact the Texas personal injury lawyers at Mike Love & Associates, LLC to discuss your situation and potential legal options at no cost.

Department of Transportation Pulls Sleep Apnea Trucking Rule

The US Department of Transportation has halted the implementation of its proposed obstructive sleep apnea screening rule for commercial drivers. If this rule had been implemented by the FMCSA, an agency within the Department of Transportation, then it may have helped identify and treat commercial drivers with the condition. Commercial truck drivers with untreated obstructive sleep apnea are a public safety risk because of symptoms caused by the condition. When left untreated, obstructive sleep apnea causes breathing interruptions during sleep. These interruptions can cause people with the condition to jolt awake multiple times per night. As a result, people with untreated sleep apnea may experience excessive daytime drowsiness, trouble concentrating, and slowed reaction times. For commercial truck drivers, this means they are more prone to falling asleep behind the wheel or failing to respond to potential hazards.

Other aspects of their job performance that do not involve driving may also be affected by these symptoms. The American Academy of Sleep Medicine estimates that 20 percent of commercial truck drivers suffer from obstructive sleep apnea. If the sleep apnea rule had been put into place, it may have identified these drivers by flagging certain at-risk health conditions. Drivers with these health conditions, such as diabetes or obesity, would have been required to attend an in-person sleep apnea assessment. After being identified, drivers with obstructive sleep apnea could have received continuous positive airway pressure devices to treat the condition. Instead of requiring at-risk commercial truck drivers to undergo screening, trucking companies and the Transportation Department's medical examiners will continue to decide whether to screen commercial drivers.

Trucking companies may decide that screening and treatment options are not worth the cost. Transportation Department medical examiners may also make mistakes and miss opportunities to test drivers with this condition. Unfortunately, this means that drivers could suffer from obstructive sleep apnea and not realize it until after they have caused an accident.

Can a Truck Accident Attorney Help if a Driver with Sleep Apnea injures me?

In some cases, trucking companies may knowingly allow drivers with dangerous health conditions to drive heavy trucks or vehicles. Trucking companies may enable these employees to drive despite risks to public safety. When drivers with these health conditions cause truck accidents, their employers may be held liable for any damages caused to survivors or their families. Drivers have driver qualification files (also called DQ files) that contain the results of the Transportation Department medical examination required to obtain a commercial driver’s license. The DQ file and other paperwork could be helpful evidence in establishing liability in a truck accident lawsuit. Injured? Contact the Texas truck accident attorneys at Mike Love & Associates, LLC, to determine whether you have legal options to pursue damages against a trucking company or other parties.

Why are Soccer Goals Dangerous for Kids?

After-school sports like football and lacrosse receive a lot of media attention because they can put young athletes at risk of suffering traumatic brain injuries. However, soccer is another sport that may cause catastrophic injuries and deaths. In some cases, unsecured soccer goals are the culprit. According to the Consumer Product Safety Commission (CPSC), an average of 200 children per year are injured by tip-over accidents involving unsecured soccer goals. Brain injuries, spinal cord injuries, broken bones, and organ damage are all possible outcomes caused by these accidents. The CPSC also claims that tip-over accidents involving soccer goals kill an average of one child per year. It is a common misconception that soccer goals are heavy objects that cannot easily fall over. However, the weight is concentrated at the top of soccer goals, so even a strong gust of wind can cause a tip-over. In fact, almost a dozen soccer goal tip-over accidents that have occurred since the 1970s were caused by wind. Other accidents were caused by roughhousing on the goals. Several other accidents occurred because people climbed on or tried to lift the goals. However, this does not necessarily mean these individuals are to blame for the accidents. It is unreasonable to assume that young athletes would have any understanding of why soccer goals can be dangerous. This is why adults should always supervise young athletes during practices, scrimmages, or games.

Are Soccer Goal Post Injuries Preventable?

The CPSC has published guidelines that can help prevent soccer goal tip-over accidents. According to the CPSC, soccer goals should always be anchored to the ground. This can be done by using stakes, sandbags, or other approved counterweights. In addition, the CPSC recommends only using soccer goals on level surfaces. If possible, soccer goals should be chained to nearby structures or fences. Finally, these goals should be disassembled for seasonal storage. Parents whose children were injured by soccer goal tip-over accidents may be able to file lawsuits for damages. School districts, summer camps, afterschool athletic programs, and goal manufacturers may be responsible for these accidents. If your child was injured during a tip-over accident, then it is essential to discuss legal options with an attorney. The catastrophic injuries caused by soccer goal accidents may require a lifetime of specialized medical care and other resources. For example, a person with a spinal cord injury may need rehabilitation services and home modifications. A personal injury lawsuit may help cover some of these expenses. Contact the Texas personal injury attorneys at Mike Love & Associates, LLC, to learn whether they have options to file a lawsuit.

When Are Amusement Parks Responsible for Injuries?

Amusement park injuries are commonplace in our country. In fact, the Consumer Product Safety Commission (CPSC) estimates that there were 30,000 amusement park injuries during 2016. Ride malfunctions cause some of these injuries. Several weeks ago, a ride malfunction at the Ohio State Fair caused one death and multiple injuries. According to investigators, a row of seats was ejected from the Fire Ball ride. Two individuals on the ride were tossed more than 20 feet before landing on concrete. Others were injured after being struck by pieces of equipment that were ejected. According to the ride’s manufacturer, excessive corrosion was the cause of the amusement park accident. Tragedies like the one that occurred in Ohio happen every year across the country. Last year at a water park in Kansas City, a 10-year-old boy was decapitated on a water slide. Months later, two young children and a teenager fell off a Ferris wheel in Tennessee. There have also been fatal accidents at Texas theme parks. In 2014, a woman died after falling from a rollercoaster at Six Flags in Arlington, Texas.

How Can Amusement Park Accidents Happen?

Amusement park accidents may be caused by:

• Amusement park ride operators. Ride operators are responsible for explaining instructions to park goers and ensuring they are safe. These are the folks who may strap you into a ride or explain safety instructions. If these individuals are not adequately trained or if they are ineffective at communicating, then you could be put in harm’s way.

• Poor maintenance practices. There is very little oversight in the amusement park industry. As a result, some amusement parks may have poor maintenance procedures. Rides can break down from wear and tear, which may pose a danger. For example, if the latches that keep you seated on a rollercoaster fail, you could be ejected from the ride.

• Defective equipment. Amusement park rides may contain design or manufacturing defects. For example, doors, lap bars, or harnesses may contain defects. In other cases, rides may be designed in a way that is dangerous to you or others.

• Poor signage. Theme parks have several restricted areas with safety hazards. For example, at a Six Flags park in 2008, a parkgoer was decapitated by a ride after walking into a restricted area to retrieve his hat. When theme parks fail to warn parkgoers of hazards, they can suffer injuries or wrongful death.

These are only a few examples of how theme park accidents may occur. If you or a loved one suffered harm during a theme park accident, then you may have options to recover damages from the parties who are responsible. Contact the Texas personal injury attorneys at Mike Love & Associates, LLC, and you can learn whether you have options to recover damages.