Archives for April 2014

Important Advice for Area Bike Riders

As cold winter weather leaves us for spring’s warmth and eventually the heat of summer many area residents will be dusting off their bikes, taking them out of their garages and onto the road for some healthy exercise and fun. However, in addition to always taking the proper safety precautions such as wearing a helmet or using lights at night riders and following all applicable laws there is one rule in particular that all DC-area cyclists need to know: contributory negligence.

Contributory negligence is an old “common law” doctrine holding that if a person is injured in part due to his or her own negligence (i.e. his or her negligence “contributed to” the event that caused the injury) the injured person is not entitled to collect any money damages from the other party involved. Under this system if the injured person is 1% negligent and the other party is 99% negligent they do not get a single penny of recovery under the law.

Sound harsh? Yes it does – and that is because it is. As the law evolved the results of contributory negligence lead the vast majority of states to change this rule in favor of “comparative negligence” where the injured person may still recover money damages, but the amount of money may be lessened due to their own negligence that also caused the accident. That 1% versus 99% example seems a lot fairer under that system. Currently only four states (and the District of Columbia) still apply “pure” contributory negligence along the common law lines. However, two of those states are Maryland and Virginia-placing the entire area under this regime.

Therefore, it is critical that area residents know what this rule means in practice. For example, if a rider wears headphones and gets into an accident this may bar recovery, especially if local law (as is the case in Virginia) classifies this behavior what is called negligence per se. That means that under the law the headphone-wearing rider is negligent as a matter of law no matter what other circumstances may or may not have played into the accident and he or she will not be able to recover even from a driver who admits or is found negligent. The same result may happen if the cyclist is speeding or in violation of some other traffic rule they may or may not know of.

There is one major caveat to all of this: the negligence of the injured person must have actually contributed to the cause of the accident. So, if a cyclist is riding at night without proper lights and reflectors and is struck in a well-lit parking lot their negligence may not have actually been a partial cause of the injury. Under this system it becomes essential that riders are extremely careful in what they say and whom they speak with in the aftermath of an accident. Being injured on the roads is a stressful and difficult ordeal, and because one small act of negligence may prevent all recovery those on the other side of the dispute will be digging for this information. This may all seem like a draconian rule or a relic from history, but even if sometimes unfair it is the law and resident bike riders are better off knowing how it works.

Distracted Pedestrians Are Walking the Path to Injury

With devices and phones becoming more mobile and entertaining, it’s a common sight to see one walking with their eyes glued to their cellphone, or their ear buds tucked into their ears  humming along to their favorite tune,  instead of paying attention to what they are doing and where they are headed.  Whether it be crossing the street into traffic on a red light, heading towards that crack in the sidewalk, or obliviously strolling behind that car getting ready to back out from the parking space at the mall, the path of the PDA is leading to more and more to the path of personal injury for distracted pedestrians. Just like it isn’t a good idea to drive with your eyes on your cell, the same goes for the pedestrian, who is more vulnerable if hit by a moving vehicle. We all have a duty to protect ourselves from peril.

Typing that text message or fiddling with your settings on your iPod, it is now habit for many, and as a result, more people have landed themselves in the hospital caused by their wandering eyes and ears. In 2010,  the Center for Disease Control noted that over 2,500 pedestrians were taken to emergency rooms in the United States from injuries related to cellphone usage while they were walking. According to a study published in the Accident Analysis and Prevention Journal that number is likely closer to 1 in 2500. The amount in 2012, nearly doubled since the original survey was conducted, and this number is likely higher since not all the incidents are reported. This is more likely to happen to people between the ages of 16 to 25 , who now wear these device just like they wear clothes .

A recent Australian study shows that people walking with cellphones aren’t able to walk in a straight line while reading or texting. This distraction also caused test subjects to walk slower, unevenly with rigid posture and poor balance.  Then there was the story of a woman who fell into a bay because she was checking Facebook, which went viral . Yup, she walked right off a pier in Melbourne,  and unfortunately she didn’t know how to swim. She called for help and nearby police saved her. She was taken to a hospital for treatment and was lucky to come away with no permanent injury.

Another man was so busy chatting on his cellphone that he didn’t realize that he was walking onto the train tracks in Philadelphia. He was lucky there were no trains approaching, but it took him a while to recover from the fall off the platform on to the tracks.

Unfortunately, a New York City woman died after she fell in a gap between two subway cars. She was crushed by the train’s wheels and was dragged for two stops. Video footage shows the woman’s head was down and authorities believe she was distracted by her cellphone and texting or reading email. A Seattle woman was killed after being hit by a truck while she was chatting on the phone with a friend. She was on the way home after dinner and she had ignored honking in the background as she walked on the road and was engaged her conversation as the truck came from behind.

In a review of pedestrian fatalities in 2010, the Office of the Police Chief for Orlando, Florida found that almost twenty (20%) per cent of the pedestrians involved in accidents were distracted by means such as using a cell phone; MP3 player; a mobile device; pushing a shopping cart; walking a dog; or riding a skateboard. While it’s not illegal to cross the street distracted, many police agencies have launched awareness programs, including radio and TV campaigns to get the word out and  ensure that pedestrians pay attention when they’re crossing intersections.

If there’s a green light that gives vehicles the right of way, it’s still important that drivers continue to watch out and yield for pedestrians who might not be paying attention. Vehicle drivers should check that pedestrians make eye contact with the driver before walking, or honk to get their attention.

Pedestrians should stay alert and keep their head up, especially when crossing the roads. If they are listening to music, it’s important that it’s not turned on too loud that they can’t hear anything. Also, they should look both ways before crossing and not play with electronics while crossing.

The News About GM Ignition Switches Only Getting Worse

In its lead story, the CBS Evening News (4/10, lead story, 2:50, Pelley, 5.08M) reported that it “got worse” on Thursday for GM “and the owners of more than two and a half million recalled cars.” CBS (Glor) added that GM said that in addition to the problems with the ignition, “keys in the recalled vehicles can be pulled out while the engine is running.” CBS also said that GM announced that it suspended two engineers as part of the ignition switch investigation.

The New York Times (4/11, Vlasic, Subscription Publication, 9.65M) reports GM said “it had suspended two engineers, with pay, as part of its internal investigation of its decade-long failure to recall defective ignition switches in Chevrolet Cobalts and other small cars.” Reps. Tim Murphy (R-PA) and Fred Upton (R-MI) said in a statement, “Although the two employees on leave played a part in G.M.’s safety failure, there are still many unanswered questions about who else was involved and the extent of the breakdown.”

The Wall Street Journal (4/11, Bennett, Lublin, Subscription Publication, 5.51M) reports that GM on Thursday estimated that the costs of repairing the recalled vehicles had climbed to $1.3 billion, which is more than three times the company’s original estimate.

WRONGFUL DEATH SUIT AGAINST U. OF ALABAMA FOR STUDENT WHO FELL OVER SIDE OF RIVER BOAT DURING SORORITY PARTY

The family of a University of Alabama student who drowned in the Black Warrior River in April 2012 has filed a $10 million wrongful death lawsuit days before Alabama’s statute of limitations would have prevented them from doing so.

Charles Jones is the father of Tre Jones, a 20-year-old University of Alabama student who fell into the river during a sorority’s party on the Bama Belle riverboat in April 2012. He filed the lawsuit Friday and wants $10 million for his son’s death, claiming that several parties should be held responsible for it.

Charles Jones alleges that several people were tasked with making sure no underage passengers drank alcohol that night but failed to keep his son from doing so. He also complains that not enough was done to try to save Tre as soon as he fell in the water. According to the lawsuit, a deckhand saw the man fall overboard and struggle on the surface of the river, but boat officials made no effort to stop immediately and attempt to rescue him. Divers found his body in deep water around 3 p.m. the following day.

According to the complaint, an autopsy indicated the student’s cause of death was drowning and acute alcohol intoxication, and a toxicology report showed his blood alcohol content to be .133 g/100 ml.

Included in the defendants Charles Jones named in the lawsuit are the Tuskaloosa Riverboat Company, who owned and operated the Bama Belle at the time; Stand Alone Security, a local company hired to keep the party safe and prevent minors from drinking on the boat; and the Delta Sigma Theta sorority, who hosted the riverboat party.

Jones claims that those parties failed to prevent his son from drinking and getting drunk, failed to supervise him and keep him from falling overboard, failed to rescue him and failed to notify authorities of his plight in a timely manner.