Kentucky Injury Law News

Dangerous drivers may remain on the road

December 6, 2017 | by Garmer & Prather, PLLC

It is possible for a truck driver to be taken into custody or charged with drug offenses without an employer finding out about it. In some cases, Kentucky or any other state that issued a commercial license may not be notified of the charge either. One man renewed his CDL 10 days after admitting to police that he used heroin after being found unconscious in his rig.

Roughly two weeks after doing so, he was in an accident after overdosing on heroin. According to the Governors Highway Safety Association, over 40 percent of drivers who were killed in truck accidents and could be tested had illegal drugs in their systems. In addition to being addicted to heroin or other illegal drugs, drivers may also become addicted to Oxycontin or Percocet. Those are generally legal drugs that drivers may initially take to help with legitimate health issues.

Drug testing alone may not be enough to keep potentially dangerous drivers off of the road. Currently, drivers are tested before they are hired, after they return to work and whenever there is a reasonable suspicion that a driver may be under the influence of drugs or alcohol. However, communication issues between federal and state agencies may play a role in allowing drivers who have drug or alcohol problems to stay on the road.

Feds investigating Volkswagen airbag recall

December 1, 2017 | by Garmer & Prather, PLLC

Kentucky Volkswagen owners should be aware that the National Highway Traffic Safety Administration is investigating whether the automaker’s 2015 recall to fix an airbag problem went far enough. The investigation was announced on the federal agency’s website on Nov. 17.

The recall addressed an issue with a steering system electrical component known as the clockspring, which could fail and turn off the vehicle’s horn and driver side airbag. The issue affected more than 400,000 vehicles, including the 2010-2014 CC, 2010-2013 Eos, 2011-2014 Golf, 2011-2014 GTI, 2012-2014 Jetta SportWagen, 2011-2014 Jetta sedan, 2010 Passat sedan and Passat Wagon, 2012-2014 Passat sedan and 2011-2014 Tiguan.

While Volkswagen first learned about the faulty clocksprings in 2011, it did not act until the NHTSA received nine consumer complaints and demanded that the automaker issue a recall. Even though the recall has been completed, the agency said it is still receiving consumer complaints about the problem. Some complaints have come from owners whose vehicles were not included in the recall, and some have come from owners who are still having problems after taking their vehicle in for repair. The agency said it has received 90 complaints so far and will investigate whether another recall should be issued. No crashes or injuries have been linked to the problem.

AAA study finds value in sophisticated truck safety systems

November 22, 2017 | by Garmer & Prather, PLLC

The latest commercial vehicle safety systems could prevent up to 63,000 serious accidents involving semi-tractor trailers each year, according to a recent study from the AAA Foundation for Traffic Safety. More than 4,000 road users were killed and a further 116,000 were injured in truck accidents in 2015. However, the study suggests that these figures could be significantly lowered if every tractor-trailer throughout Kentucky and the rest of the U.S. was equipped with lane departure warning systems, video-based safety monitoring equipment, emergency braking technology and air disc brakes.

The biggest safety gains could be achieved by installing video-based safety monitoring equipment on every large commercial vehicle. According to the AAA study, this kind of technology could prevent 293 deaths and 17,733 injuries each year. A further 6,000 truck crashes could be avoided every year if all tractor-trailers were equipped with lane departure warning systems, which the research team say would save 115 lives and prevent 1,342 injuries.

Some of the deadliest truck accidents involve drivers who became distracted or fell asleep at the wheel and were unable to apply brakes or take emergency action. Installing automatic emergency braking systems to all semi-tractor trailers could prevent 5,294 such crashes and save 55 lives each year, according to the study. Air disc brakes are already fitted to most large trucks, but the research indicates that making this technology mandatory would prevent 37 deaths and 1,477 injuries every year.

Fire concerns prompt the recall of about 1 million BMWs

November 14, 2017 | by Garmer & Prather, PLLC

The National Highway Traffic Safety Administration announced two recalls on Nov. 2 that involve about 1 million vehicles around the country manufactured by BMW. The recalls address two issues that have been linked to a series of fires involving parked BMW vehicles, and cars and SUVs manufactured between 2006 and 2011 are covered. BMW says that its dealers in Kentucky and across the U.S. will have the parts necessary to perform the recalls by Dec. 18, and owners will not be charged for the work.

When reports emerged in May about more than 40 parked BMWs catching fire, the German carmaker denied that a product defect or manufacturing issue was to blame. Some of the vehicles involved had been idle for several days before going up in flames according to the reports, which BMW blamed on nesting rodents, arsonists or vehicle owners who relied on untrained mechanics or failed to properly maintain their vehicles.

One of the recalls calls for faulty positive crankcase ventilation valves to be replaced in 740,561 BMW cars and SUVs produced between 2007 and 2011. The second recall involves checking, and replacing if necessary, the wiring and electrical connectors in the air conditioning and heating systems of 672,755 BMW vehicles produced between 2006 and 2011. The total number of vehicles being recalled is less than these two figures combined because some of the models involved are covered by both recalls.

FDA links EpiPen failures with 7 deaths in 2017

November 7, 2017 | by Garmer & Prather, PLLC

Many Kentucky residents who suffer from severe allergies rely on EpiPens to deliver potentially life-saving doses of epinephrine. EpiPens are designed to administer the drug quickly and simply to stave off anaphylactic reactions, but recent media reports reveal that the Food and Drug Administration has linked the device to seven deaths during the first nine months of 2017. Malfunctioning EpiPens have also caused at least 35 people to seek hospital treatment, according to the FDA.

The FDA has reported issues with EpiPens in the past, but the problem seems to be getting worse. The FDA received four reports about EpiPen and EpiPen Jr. failures in 2012 and 12 in 2013. However, 67 reports were received in 2014. The pharmaceutical company that manufactures EpiPens says that the defect responsible for the problems is extremely rare, and they point out that higher failure rates can be expected when products like EpiPens are used by individuals with no medical training under highly stressful conditions.

The higher number of reports could also reflect the media attention that the EpiPen has been receiving. Consumers reacted angrily when the price of the devices was increased from $50 to $300 in 2016, and the FDA sent a warning letter to the maker of EpiPens in September after inspectors found epinephrine leaking out of the devices at a Missouri plant.

Subaru considers recalling 275,000 vehicles

November 6, 2017 | by Garmer & Prather, PLLC

Many Kentuckians like Subaru cars because of their features and fuel economy. According to news sources, the company recently admitted that it conducted inspections that did not meet the Japanese ministry’s standards for over 30 years and might recall as many as 275,000 cars.

News sources report that Subaru’s inspections during the manufacturing process did not comply with the rigorous inspection standards that were required by the Japanese government. The company admitted that it used unlicensed inspectors during its process while the government requires that the inspections are performed by licensed inspectors.

The company stated that there isn’t anything wrong with the cars that did not receive proper inspections, but it is mulling over whether or not it should recall them anyway. The affected cars are all in the Japanese domestic market. The company states that cars that were manufactured for export to other nations, including the U.S., would not be affected by any inspection-related recall of the Japanese cars.

Judge strikes down law providing for medical malpractice review panels

November 3, 2017 | by Garmer & Prather, PLLC

Franklin Circuit Judge Phillip Shepherd has ruled that the new law mandating that medical malpractice cases must first be presented to medical review panels is unconstitutional.

This decision is a boost for people who have suffered injuries in the care of providers. Medical review panels add an additional obstacle to people seeking justice due to substandard care.

The law had the effect of protecting wealthy professionals and institutions from claims by ordinary people who happened to be injured while being treated.

Trucking accidents caused by drivers’ poor health

October 24, 2017 | by Garmer & Prather, PLLC

Kentucky drivers that share the road with commercial truck drivers should be aware that truckers with three or more medical conditions are two to four times more likely to cause an accident. According to a recent study, the risk of a crash occurring increases as a truck driver’s health decreases.

It can be extremely difficult for truck drivers who sit behind the wheel for long hours to keep healthy. They often have to deal with poor sleeping conditions and rely on less nutritious meals in addition to living a sedentary lifestyle while on the road. The medical records of more than 49,000 commercial truckers indicated that about 34 percent of the drivers had signs of at least one serious medical condition, such as low back pain, heart disease and diabetes. These particular conditions have previously been linked to poor driving performance.

The research also showed that commercial truck drivers with at least three of the conditions associated with poor driving performance were more likely to become involved in a car accident. The frequency of accidents involving commercial truckers who had three performance-related medical conditions was 93 accidents per 100 million miles traveled. The study suggests that while one health condition might be manageable, multiple conditions can substantially increase a driver’s risk of causing a truck accident.

Manufacturer improves safety technology for trucking industry

October 20, 2017 | by Garmer & Prather, PLLC

Strong demand for air brakes has prompted Bendix to expand its assembly facility in Kentucky. The company promotes its air disc brakes as an important safety element in the trucking industry’s future. This product can shorten the distances needed by large trucks to stop.

The company also made an announcement at a recent industry convention about its Intellipark system. This system detects if a driver leaves a truck cab without activating the parking brakes and then automatically initiates the air brakes to prevent the truck from rolling away. This automation addresses the rollaway safety issue that troubles many fleets. According to a Bendix survey, 60 percent of trucking fleets experienced a rollaway accident within the last two years.

Other product improvements developed by the company include an upcoming software update for the Wingman Fusion system. This software aids drivers with data collected by cameras on trucks. It manages warnings for lane departures and activates brakes to reduce rear-end collisions. Additionally, the company’s new EnduraSure and EnduraSure Pro lines of spring brakes offer longer lifespans, greater corrosion resistance and lower weight.

Nursing home abuse

October 13, 2017 | by Garmer & Prather, PLLC

Many people living in Kentucky eventually need to move into a nursing home or will need to place family members in one. While everyone hopes that they or their loved ones will receive compassionate, competent care, abuses do occur. In such cases, it is important that victims and their families have recourse against the facility.

Unfortunately, some nursing homes have made it difficult for abused residents and their family members to take action due to contracts that require aggrieved parties to seek arbitration before going to court. In some cases, the arbitration process is cumbersome, lengthy and biased, making it difficult for victims to receive compensation.

For this reason, some advocates support laws and regulations that would restrict the use of arbitration clauses in order to make it easier for nursing home abuse victims to file lawsuits against the facility and its management.