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Hardesty, Tyde, Green & Ashton, P.A. blog
Tuesday, September 23, 2008
Brake Maintenance Critical Element of Road Safety
Commercial vehicles, due to the weight and size, rely on what is called an “Air Brake” system. An air brake system is designed for heavily loaded vehicles such as trucks, buses and even railroad cars because the strength of a leg on a pedal is not enough to stop such heavily loaded vehicles. The system is designed so that an air compressor that is tied to the engine will continuously maintain a certain PSI or pressure to what is called an air reservoir or brake chamber. When the driver of the vehicle presses the brake pedal, the pressure is transferred from the air reservoir to the air chamber at the wheel which in turn rotates a cam to apply the brake pads and safely stop. This is why you sometimes hear the sound of air being released after a truck has stopped or a parking brake applied.
The problem with any system that has such complexity is that it needs to be properly maintained and have safety features. If the air chambers are not properly adjusted it can result in uneven braking resulting in an unstable vehicle during braking. If the air chamber has a leak or low pressure is observed with no alarms, then the vehicle will not be able to stop in time. In 2000 the Commercial Vehicle Safety Alliance (CVSA) combined a three day inspection of over 42,000 commercial vehicles of which 26 percent were considered out of service with brake defects. A 1990s study performed by the National Transportation Safety Board revealed that in an inspection of over 1,500 vehicles that 56.3 percent were declared out of service with brake defects of which 46.1 percent were from air brake adjustments.
Common areas for concern include:
• Pad Wear – Are the brake pads in working condition.
• Air Brake Adjustment – Is the air brake adjustment properly set.
• Audible Leaks – Are there any leaks in the system reducing pressure.
• Working Alarm – Is there a low pressure alarm that would go off if the pressure is low.
• Parking Brakes – Most systems have a failback system that the parking brake releases in the event of a low pressure reading in an emergency.
If you have been involved in an accident with a commercial vehicle make sure to contact an attorney that is familiar with these issues. It is very important that the truck involved be kept so that it can be inspected for this critical evidence.
The problem with any system that has such complexity is that it needs to be properly maintained and have safety features. If the air chambers are not properly adjusted it can result in uneven braking resulting in an unstable vehicle during braking. If the air chamber has a leak or low pressure is observed with no alarms, then the vehicle will not be able to stop in time. In 2000 the Commercial Vehicle Safety Alliance (CVSA) combined a three day inspection of over 42,000 commercial vehicles of which 26 percent were considered out of service with brake defects. A 1990s study performed by the National Transportation Safety Board revealed that in an inspection of over 1,500 vehicles that 56.3 percent were declared out of service with brake defects of which 46.1 percent were from air brake adjustments.
Common areas for concern include:
• Pad Wear – Are the brake pads in working condition.
• Air Brake Adjustment – Is the air brake adjustment properly set.
• Audible Leaks – Are there any leaks in the system reducing pressure.
• Working Alarm – Is there a low pressure alarm that would go off if the pressure is low.
• Parking Brakes – Most systems have a failback system that the parking brake releases in the event of a low pressure reading in an emergency.
If you have been involved in an accident with a commercial vehicle make sure to contact an attorney that is familiar with these issues. It is very important that the truck involved be kept so that it can be inspected for this critical evidence.
posted by
Attorney W. Marc Hardesty
at
7:00 AM
Sunday, September 21, 2008
Crane Construction Accidents finally Addressed
Over the last month over a dozen people have been killed on construction sites by large cranes falling or dropping their load. This unfortunately had gone on for many years until a number of accidents occurred in a short amount of time in New York, Florida and Oklahoma. Until now there were virtually no regulations requiring crane operators to be adequately trained and certified in the operation of these massive pieces of equipment. In over 80 percent of the accidents operator error was at least partially to blame.
In Florida most construction workers are covered by workers compensation and precludes them from any civil action other than for Workman's compensation benefits unless another third party is responsible for the crane and/ or crane operator. In some cases there is a cause of action when the crane malfunctions. This type of legal action is called a products liability claim. Regardless of the type of claim it is vitally important to contact an experienced attorney that can deal with these issues and act immediately to protect and preserve your rights and the evidence at the scene. Please see the CBS News article regarding the new federal crane rules
In Florida most construction workers are covered by workers compensation and precludes them from any civil action other than for Workman's compensation benefits unless another third party is responsible for the crane and/ or crane operator. In some cases there is a cause of action when the crane malfunctions. This type of legal action is called a products liability claim. Regardless of the type of claim it is vitally important to contact an experienced attorney that can deal with these issues and act immediately to protect and preserve your rights and the evidence at the scene. Please see the CBS News article regarding the new federal crane rules
posted by
Attorney W. Marc Hardesty
at
11:13 AM
Thursday, September 18, 2008
Even Doctors Agree That Lawsuits Help Drug Safety
The Food and Drug Administration is responsible for helping ensure that drugs prescribed by doctors are both safe and effective. In making this assessment, however, the FDA frequently must rely almost entirely on data from studies either performed directly by drug companies or funded by them. Since these are the very companies seeking approval of the drug, the data is suspect.
In a case now before the U.S. Supreme Court, Wyeth v. Levine, the drug companies are arguing that FDA approval of a drug (based on drug company data) should preempt any lawsuits challenging the safety of the drug. This position is so outrageous that even the editors of the most prestigious medical journal in the country, The New England Journal of Medicine, have filed a friend of the court brief to oppose the drug companies. These doctors recognize that documents and data which can only be discovered by plaintiffs' lawyers in litigation with the drug companies are an essential source of information for the FDA in evaluating drug safety.
The FDA has only a very limited budget to perform investigations itself. If plaintiffs' lawyers are precluded from ever bringing lawsuits once the FDA approves a drug, no matter how many people the defective drug might kill, then the American people would be deprived of an essential tool for ensuring the safety of drugs prescribed for their use.
In a case now before the U.S. Supreme Court, Wyeth v. Levine, the drug companies are arguing that FDA approval of a drug (based on drug company data) should preempt any lawsuits challenging the safety of the drug. This position is so outrageous that even the editors of the most prestigious medical journal in the country, The New England Journal of Medicine, have filed a friend of the court brief to oppose the drug companies. These doctors recognize that documents and data which can only be discovered by plaintiffs' lawyers in litigation with the drug companies are an essential source of information for the FDA in evaluating drug safety.
The FDA has only a very limited budget to perform investigations itself. If plaintiffs' lawyers are precluded from ever bringing lawsuits once the FDA approves a drug, no matter how many people the defective drug might kill, then the American people would be deprived of an essential tool for ensuring the safety of drugs prescribed for their use.
posted by
Attorney Frank Ashton
at
10:30 AM
Distracted Driving
We have all seen it. People driving down the road while trying to eat, talk on the phone, or perhaps even send a text message. What we often don’t think about is that each time they pick up a fry or dial a number, everyone on the road around them is in danger.
A recent study found that around 80 percent of auto accidents involve some form of driver distraction within 3 seconds before the accident occurs. As would be expected, these distractions often stem from cell phone usage. At least one survey has shown that 48 % of people between the ages of 18 and 24 have even sent text messages or emails while driving.
Several states, in response to problems caused by driving while distracted, have banned the use of handheld cell phones while driving. However, the National Highway Safety Traffic Administration has found that there really is not much difference between the use of handheld and hands free cell phones. People can be equally distracted either way. Further, enforcement of these laws has been problematic. As such, it is likely that the dangers of distracted driving will continue to be a problem for years to come.
If you are someone you know has been the victim of a distracted driver and needs help, contact us.
A recent study found that around 80 percent of auto accidents involve some form of driver distraction within 3 seconds before the accident occurs. As would be expected, these distractions often stem from cell phone usage. At least one survey has shown that 48 % of people between the ages of 18 and 24 have even sent text messages or emails while driving.
Several states, in response to problems caused by driving while distracted, have banned the use of handheld cell phones while driving. However, the National Highway Safety Traffic Administration has found that there really is not much difference between the use of handheld and hands free cell phones. People can be equally distracted either way. Further, enforcement of these laws has been problematic. As such, it is likely that the dangers of distracted driving will continue to be a problem for years to come.
If you are someone you know has been the victim of a distracted driver and needs help, contact us.
posted by
Kevin Moore
at
5:33 AM
Wednesday, September 10, 2008
Profits over People
Yesterday I passed a construction site where disaster was only moments away. The crew of 5 men were working on scaffolding to construct a concrete wall. Just below them were 6 to 8 foot sections of rebar sticking straight up like a bed of nails. There were no protective caps, barricades or covers to prevent impailment or a cutting risk and no safety harnesses used. These men were working over a death trap where one mistake could cost them their lives or at least their quality of life. Rebar accidents are never minor. They are sudden and devastating. Rebar protective caps cost about $1.25 a piece and are reusable again and again. Unfortunately, many companies disregard the safety of their workers because the simple fix costs a few dollars.
One slip or stumble is all it takes to forever change or end someones life. Everyone on a construction site must demand rebar safety procedures. OSHA has specific rules that can be enforced but only if they are reported because OSHA rarely takes the initiative to handle safety issues on their own initiative. Not reporting and correcting unsafe rebar is literally a matter of life and death. If you or someone you know has been injured please contact us. We have the experience to help.
One slip or stumble is all it takes to forever change or end someones life. Everyone on a construction site must demand rebar safety procedures. OSHA has specific rules that can be enforced but only if they are reported because OSHA rarely takes the initiative to handle safety issues on their own initiative. Not reporting and correcting unsafe rebar is literally a matter of life and death. If you or someone you know has been injured please contact us. We have the experience to help.
posted by
Attorney W. Marc Hardesty
at
10:52 PM
Monday, September 01, 2008
Motorcycle Accidents Dramatically Increase
Motorcycle and scooter accidents have increased significantly over the last 10 years. The number of non fatal accidents have increased 73 percent while fatal accidents have skyrocketed 123 percent. The increase appears to be attributable to three main factors. First, high gasoline prices have forced many people to use a motorcycle or scooter as a less expensive means of transportation. This factor increases the number of bikes on the road and also introduces inexperienced riders to mainstream traffic. Second, the repeal or reduction of helmet laws has increased the accident statistics due to the simple fact that a unprotected skull is no match for a bumper or curb. Third, many older Americans are finding that motorcycles can be a great source of recreation and are often combined with inexperience and lack of safety equipment. Motorcycle accidents are often more serious than a typical auto accident. It is vitally important to drive defensively at all times and limit nighttime driving whenever possible. It you have been involved in a motorcycle or scooter accident we are here to help. Please contact us.
posted by
Attorney W. Marc Hardesty
at
7:34 AM
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