Driver Claims 2008 Toyota Prius Went Wild on Freeway

2008 Toyota Prius

The Today Show’s Matt Laurer reports on a driver’s claim that his 2008 Prius went wild on the California freeway prompting a frantic 911 call.  The Toyota Prius was not one of those recently recalled by Toyota, although some Prius models have been.  Watch the responding police officer and the frantic driver talk about his efforts to hit the brakes to slow the car, without success.

Click this link to watch the video of the Today Show report.

According to the Federal Government 34 “Deaths” Alleged in Toyotas Since 2000

Toyota's Acceleration Problems Lead to Deaths

The Lexington Herald’s Kentucky.com reported on consumer data gathered by the federal government revealing 34 deaths linked to sudden acceleration in Toyotas since 2000.  Complaints related to acceleration in vehicles have surged in since Toyota’s recalls were announced.  According to the article:

The new complaints reflect the heightened awareness of the massive recalls among the public and underscore a flurry of lawsuits on behalf of drivers alleging deaths and injuries in Toyota crashes. Three congressional hearings are planned on the Toyota recalls.

In the past three weeks, consumers have told the government about nine crashes involving 13 alleged deaths between 2005 and 2010 due to accelerator problems, according to a NHTSA database. The latest reports are in addition to previous complaints from consumers that alleged 21 deaths from 2000 to the end of last year.

According to Toyota spokeswoman Martha Voss the company takes, “all customer reports seriously and will, of course, look into new claims.” According to Voss, Toyota was taking steps to improve quality control and investigate customer complaints more aggressively.

You can read the entire article here.

The data by the federal government suggests that Toyota knew or should have known of acceleration problems as far back as 2000, yet waited until recently to issue a massive recall of vehicles.  This has led the federal government to question Toyota’s commitment to safety and has shed light on its secretive corporate culture that encourages quiet design changes each model year over embarrassing public recalls.  While this corporate climate may have allowed Toyota to gain market share over the past decade, it has turned into a public relations nightmare with no sign of letting up any time soon.  More embarrassing information is likely to come to light before this issue fades.  Whether it will have a long term impact on Toyota’s reputation is yet to be seen.

Kentucky Accident Information is Now Available on Your iPhone.

Access Accident Information Directly from Your iPhone.

You can now directly access Kentucky Accident Information directly from your iPhone or iPod Touch.  Simply type “kyaccidentinfo.com” into your mobile phone web browser.  A new easy to use mobile version of Kentucky Accident Information will appear.  Access information regarding your car, truck, or motorcycle accident, post comments or questions, or contact The Brutscher Law Office about your accident from your mobile phone.

Don’t Loan A Car–Not Even To Tiger.

Should You Loan Your Car?

MSN Money has a great article on the consequences of loaning a car to someone who is involved in an accident. Although the article takes a tongue and cheek look at the accident involving Tiger Woods, it provides helpful insight into what you can expect if you loan your car, and it is involved in an accident.

Perhaps most insightful is what happens if you loan your car to an uninsured driver.  If the uninsured driver who borrows your car causes the accident, your insurance will be 100% responsible for covering damages, including any injuries that occur.  If your uninsured friend is not responsible for the accident, but is injured, the other person’s insurance company will usually pay.  But what happens if the other driver is uninsured or carries too little insurance?

If you have uninsured (UM) or underinsured (UIM) motorist coverage on your car, your insurance company will pay for your friend’s bodily injury.  In these cases, your friend is treated as an insured under the policy, just as you would be.  He would be entitled to the same benefits as you.

What happens if you don’t carry insurance?  If you loan your car to someone who doesn’t have insurance, you have created a worst case scenario.  Not only are you violating Kentucky law, you’re setting yourself up to be personally responsible and criminally liable for the damages caused by your uninsured friend, including repayment of some benefits, like PIP, that do not depend on fault.

If you must loan your car to someone, at least understand the consequences if your car is later involved in an accident.  Make sure that you carry sufficient insurance to protect you and your friend.  Under no circumstance should you drive or allow someone else to drive your car without insurance.

Two Pedestrians, Including One Teen, Killed While Crossing Streets

Pedestrians At Risk

Two pedestrians, including one teen, were struck and killed by separate cars in Lexington, Kentucky.  It appears that both accidents may have happened at night or at times of low visibility.  No information existed on whether the accidents occurred at intersections or crosswalks or in low lighted areas.  One of the drivers faces pending criminal charges for hit and run.  No criminal charges were reported in the other accident.

I recently reported on the Louisville area’s poor ranking for pedestrian accidents.  These recent accidents show that pedestrian fatalities continue to be a concern.  However, the most striking result of the Courier Journal’s article is not the discussion on ways to improve the situation, but instead the discussion on who was to blame for the accidents.  I heard many comment that since they had observed pedestrians crossing traffic illegally at one time or the other, the pedestrians were to blame.  This argument is similar to comments I hear when the subject of bicycle fatalities arises.

Blaming the victims of these terrible accidents does nothing to reduce the likelihood of their occurrence.  Each accident is different and when it comes to blame, experience tells me there is plenty to go around.  While the lack of a citation may evidence a lack of criminal responsibility, it does not mean the accident was the pedestrian’s fault.  In fact, the driver may still face civil liability for the accident.

We have all experienced a situation where a pedestrian did not exercise the best judgment concerning where to cross, the type of clothing to wear, or the proper respect to show an oncoming car.  However, that fact alone does not excuse drivers from exercising caution or doing their best to keep a proper lookout for pedestrians.  This is true whether or not the pedestrian is exercising judgment for their own safety.  Ultimately, nothing will reduce these accidents, if pedestrians and drivers fail to respect each other’s right to use the roadway.

Weather and Rush Hour Traffic Cause Two More Accidents

Weather a Big Contributor of Accidents

I came across two more accidents this morning involving rush hour traffic and tractor trailers. This time, however, weather also appears to be a factor. The first accident happened when a car turned left in front of another on Taylor Blvd. The second was reported by the Courier Journal and involved a tractor trailer and SUV on I-65 at hospital curve earlier this morning.

Both occurred during rush hour traffic, when traffic is at its heaviest. One involved a tractor trailer on the Interstate. Weather most likely contributed to both. Anyone driving long enough has at one time or the other noticed the difficulty in driving when weather conditions are bad. Rain, sleet, snow, and other moisture impair visibility, reduce tire traction, and decrease reaction time. It’s not too surprising that given today’s conditions that several accidents happened.

Be sure when driving during rush hour traffic that you drive defensively and take into consideration the amount and flow of traffic. Most drivers know that driving fast or being impatient does nothing to decrease the time they spend in rush hour traffic. When weather conditions are bad, particularly during rush hour, even more caution should be used. Be sure that the path is clear and that visibility is not impaired before assuming it’s safe to turn or enter traffic. Give yourself more time to make maneuvers because roads and other surfaces are slick. Reduce your speed and exercise even more caution. The few extra seconds you spend beats the time, money, and injuries incurred in an accident.

Remember, if you’ve been injured due to someone’s failure to exercise care in bad weather conditions, you have a right to compensation for your injuries. If so, you should seek the services of a qualified Kentucky Accident Attorney.

Fatigue Blamed in I-71 Accident Involving Tractor-Trailer

Fatigue Common Cause of Tractor Trailer Accidents

Police have determined that the driver of a semi-tractor trailer involved in a one truck accident on I-71 in Carrolton fell asleep immediately prior to the accident.  The accident shutdown the northbound lanes for eight hours.  The driver suffered only minor injuries.  The Courier Journal has the specifics, here.

Of course, the driver and other cars using the roadway were fortunate only the tractor trailer was involed.  The National Transportation Safety Board (NTSB) estimates that truck driver fatigue may be a factor in over 1/3 of large truck accidents.  If you are driving on the Interstates or large highways where tractor trailers are common there is a good chance you may be involved in an accident resulting from driver fatigue.  If you are involved in such an accident and need an attorney, make sure you retain one experienced in handling these types of cases and the companies who defend them.

Exercise Caution and Common Sense When Approaching an Accident.

Exercise Caution at Accident Scenes

Rush hour traffic is always a nightmare.  Whether it’s during the morning when the roads are full of school buses or in the afternoon when the roads are full of commuters, rush hour can be the most stressful and also the most dangerous time for accidents.  However, it is during this time that drivers must exercise the most caution and common sense.

This morning I witnessed an accident on a heavily traveled two lane road.  One car had been driven into a deep ditch on one side, while the other car was stopped in the middle of the road.  The car in the middle of the road did not have on its hazard lights and it was difficult to see that an accident had occurred.  The good news is that both driver’s appeared uninjured.

Unfortunately, cars on the side of the road where the accident occurred continued driving between the two cars in the accident.  This created an even more dangerous situation.  Cars trying to go through the accident scene endangered not only those persons involved in the accident, but endangered other drivers on the roadway.  They also increased the chance that another, more serious accident, was going to happen.  Fortunately, a police officer was only a few cars away approaching the scene.

There is no doubt that the fact it was rush hour and drivers were in a hurry contributed to the lack of caution.  If you approach an accident scene please be sure to exercise extreme caution, but most importantly common sense.  If you approach an accident and have time to plan, use a different route.  If you can go around the accident without endangering yourself or others, do so.  However, you should never travel through an accident scene.  If you must stop your vehicle to avoid going through the accident scene, do so.  Causing a second accident or injuring those in the first is not worth the extra time it takes waiting for emergency assistance or for the drivers to clear the road.  If you approach an accident treat it with extreme caution and exercise common sense to avoid making a bad situation worse.  Don’t forget, if you are in an noninjury accident, move your vehicle from the road to avoid creating a dangerous situation.

Pain After A Car Accident Is Not Unusual And Should Be Treated.

Pain After A Car Accident Is Not Uncommon

It is very common to experience pain several hours after a car accident.  Don’t think just because you don’t feel pain immediately, that you aren’t injured.  Injuries to muscles, ligaments, and tendons may not manifest themselves immediately.  Often inflammation is the first sign of an injury to these tissues, and inflammation may take time to develop.  Once it does, you will experience pain and discomfort that may interfere with your ability to function.

These types of injuries are well known to medical professionals who treat car accident injuries.  You might hear terms like “soft tissue” or “whiplash” injury.  Make no mistake, however, these are objective injuries that cause pain and require treatment to overcome.

If you’ve been in a car accident and experience pain some time later, seek treatment as soon as possible.  Most likely your injuries will only worsen with time.  Just because your medical treatment takes place some time after the accident, does not affect your entitlement to PIP benefits.  Insurance companies are well aware that these types of injuries may manifest themselves after an accident and won’t usually hassle you about seeking treatment later.  If you are not being treated fairly by an insurance company responsible for paying PIP or for reimbursing your property damage or bodily injury claim, you may need to seek the services of an experienced Kentucky accident attorney or lawyer to get you the benefits you deserve.

Are You Entitled To Money If You’re In An Accident?

Are You Entitled to Money for Your Accident?

Most advertising related to car, truck, or motorcycle accidents focuses on a person’s “right to compensation” or “payment” or “money damages.” This often results in a perception by many that they will get paid money simply for being in an accident. However, this is not true.

If you are in a car, truck, or motorcycle accident you might be entitled to compensation. However, your right to compensation may be limited. A person should realize that he does not get paid simply for being in an accident. He must be hurt. The amount of money, if any, he will receive is based on his injuries, not the fact that he was in an accident.

Kentucky law generally requires a person involved in an accident to incur over $1,000 in medical bills before a claim can be filed. This is called the threshold, because it must be crossed before a claim exists. Whether you will get paid and how much depends on the injuries you incurred and the financial, emotional, and physical impact of those injuries. Larger more catastrophic injuries tend to result in higher claims paid. Minor injuries with less impact tend to result in lower claims paid. Of course, if you are 100% responsible for the accident, you aren’t entitled to any recovery.

Remember, if you’re involved in a car, truck, or motorcycle accident your main focus should be on treating any injuries you sustained. Once you’ve completed treatment, you’ll be in a better position to determine what, if any, compensation you deserve. If you’re not sure whether or not you qualify for compensation or how much compensation you deserve, you may need the services of a qualified Kentucky accident attorney.