Allegations made against the child safety seat industry 

Attorneys for the plaintiffs pointed out that child safety seats routinely fail testing and that major manufacturers often mislead consumers concerning the quality of their safety seats. However, just because a child safety seat does not withstand an accident doesn’t mean that the manufacturer is necessarily liable. The plaintiffs would still be required to prove that the negligent design of the child safety seat directly led to the child’s death. In other words, had the child safety seat been designed in accord with regulatory requirements or industry standards, the child would still be alive.

What happened? 

It’s not necessarily apparent, judging by the article, how the child safety seat failed in the accident. Essentially, the attorney representing the plaintiff says that the child safety seat failed in this accident and that the company advertises their child safety seats as performing “above average” in crash tests. The article only says that the car seat sustained a “structural failure” causing the child to suffer catastrophic injuries. The plaintiffs seem to be saying that the harness system is unable to withstand front-end crashes of a certain magnitude of force. According to the manufacturer, their car seat had the “highest safety score” of all seats designed with a five-point harness.

In 2018, Consumer Reports performed crash tests of their own and found the claims made by the manufacturer to be lacking. Their crash tests indicated that the car seat sustained structural damage during certain types of collisions and that the harness could loosen. This particular car seat was retired from Britax’s lineup.

So specific allegations against the car seat used in the accident that resulted in the death of a child are currently lacking, but there is enough circumstantial evidence surrounding the case to believe that something like this could have happened. Nonetheless, attorneys for the plaintiffs will need to requisition information concerning what Britax knew and when. If these car seats had a propensity to fail in a similar way, Britax may be on the hook for punitive damages for mismarketing their product.

Talk to a Florida Defective Auto Parts Attorney 

The Coral Gables tire defect attorneys at Halpern, Santos & Pinkert represent plaintiffs in lawsuits concerning defective components or vehicles that malfunction and lead to accidents. Call our office today to schedule a free consultation and learn more about how we can recover damages related to your injuries.

prnewswire.com/news-releases/top-car-seat-manufacturer-sued-for-wrongful-death-of-young-child-due-to-claims-of-defective-booster-seat-301291189.html

The incident occurred in 2015 and the driver of the truck was convicted in 2018. A civil trial was set to begin before the attorney representing four of the plaintiffs issued a press release. The court said that the press release violated a local rule of conduct in Tennessee’s Eastern District. The trial will now face a delay as the potential impact of the press release recedes into memory.

What happened? 

The company named in the lawsuit hired a driver who was high on meth at the time that he caused a multi-car accident that killed six people and injured several more near a highway exit. According to the family, the driver was hired only ten days before he caused the accident. The plaintiffs say that the company failed to perform a background check on the driver or review his five-year driving history. The driver was sentenced to 55 years behind bars for six manslaughter charges and numerous other injuries as well as DUI and related offenses.

What happens in a case like this? 

The company is liable for the conduct of their driver, and they should be, they’re the ones who hired him. While the plaintiffs don’t have to prove that the company was negligent, in this case, they’ve decided to make that argument anyway. It’s likely that they are pursuing punitive damages against the company.

Here, such an argument may hold a great deal of weight. Since the company rushed to hire a driver they never vetted, the plaintiffs will argue that even the minimum of due diligence would have been required to find a better driver. While the article doesn’t state what information they would have found had they conducted a background check, one would guess that the plaintiffs’ attorneys have at least some juicy dirt. At least enough to prove that a background check would have prevented the company from hiring the driver and thus prevented the accident.

In gross negligence arguments, the plaintiffs must prove that the defendant’s conduct was so egregious and wanting of care that it made an accident inevitable. In this case, if the plaintiffs can show that the driver faced prior DUIs, had drug arrests, or otherwise was unfit to drive, the plaintiffs may be able to seek a gross negligence award against the company.

Talk to a Florida Commercial Truck Accident Attorney Today 

If you’ve been injured in an accident with a semi-truck, you may be able to recover damages related to your injuries. Call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.

Source:

wrcbtv.com/story/44003847/first-trial-begins-against-trucking-company-in-deadly-2015-i75-crash

One area of confusion for many people is the subject of what type of lawsuit to bring. If you’ve heard the term wrongful death, you probably know it has something to do with a lawsuit based on someone’s death. But there’s another type of lawsuit known as a survival action. In Florida, you have options.

What is a Wrongful Death Case? 

A wrongful death case is one that is brought by surviving family members in order to recover compensation for the loss of a loved one. This is separate and distinct from the type of action that an estate may bring. This is known as a survival claim.

What Makes a Wrongful Death Case Different From a Survival Action? 

A wrongful death claim is predicated on the claim that surviving family members have suffered a loss. Therefore, they should be compensated for their loss. In this way, the damages belong to the survivors.

A survival action is a lawsuit brought on behalf of an estate in order to recover money that would have been potentially due to the decedent had he or she survived. In this way, it’s as though the right to compensation “survived” the decedent and has passed on to the heirs through a will or through probate.

How Florida Law is Somewhat Unique 

In many states, a surviving relative can bring both types of claims. In the event of a settlement or a jury verdict, the court (or the parties by agreement) will decide which percent of the award is paid to which count or theory (wrongful death vs. survival claim).

Florida, however, is different. In Florida, the court typically makes families choose which action to pursue. Under the Wrongful Death Act, there may be different types of damages and claims available than what may be asserted under the Florida Survival Act. Therefore, it is imperative that you consult an experienced attorney who can provide your options and explain the distinctions and how they may affect your own case.

Call an Experienced Wrongful Death Lawyer Near You

For help determining your best options for pursuing justice on behalf of a loved one, call the attorneys of Halpern, Santos & Pinkert, P.A. today. Our firm never charges outrageous upfront retainer fees, and we don’t expect a grieving client to spend thousands of dollars on advanced costs. We handle all of these things for our clients and only recover our costs and attorney fees if we are successful in recovering compensation for you.

Florida law gives you just 2 years from the date of the death to bring a wrongful death or survival action. But beware, there are a lot of exceptions and limitations that can make this time period even shorter. Never wait to the last minute. Call an experienced attorney today.

Sources:

flsenate.gov/Laws/Statutes/2011/46.021

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html

We’re not saying that’s what happened to one Pennsylvania pedestrian, but it sure looks like it’s something straight out of a horror novel.

What Happened?

A 28-year-old tractor-trailer driver had parked his vehicle on the shoulder so that he could stop into a local store. The truck driver paid for his item, but forgot it on the counter, prompting the clerk to run out after him. At the same time that the employee was attempting to return the item, the driver, who could not see the employee from his elevated position, attempted to pull off. The employee was struck by the truck and died as a result of his injuries.

An investigation was conducted of the incident. It was determined that the driver of the truck had no way to see the employee from his position. The employee was in a blind spot.

After striking the pedestrian, the driver waited at the scene for investigators to arrive and cooperated fully. Investigators will not charge the driver.

Can the Family Sue?

They can try, but this is a situation where it’s going to be very difficult to prove that the driver was negligent. A good personal injury lawyer, however, would have to attack the driver to prove negligence. First, we might want to set up the driver’s testimony to begin at the point that he distractedly forgot whatever he bought inside the store. We’ve all done this before, but it shows that he was not focused on what he was doing at the time. That could imply that he wasn’t focused on his driving when he ultimately struck the pedestrian. While this is not the strongest argument in the world, it can set up a distraction allegation. However, investigators have backed the driver’s story so a lawyer would need to conduct an investigation of their own which contested some of the claims, notably—that it was “impossible” to see the clerk from the driver’s position.

Unfortunately, accidents do sometimes happen without negligence. And when there’s no negligence, there’s no lawsuit.

Talk to a Florida Commercial Vehicle Liability Attorney

If you’ve been injured by a commercial vehicle or tractor-trailer, call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.

Resource:

lehighvalleylive.com/lehigh-county/2021/03/unfortunate-timing-cited-in-tractor-trailer-accident-that-left-pedestrian-dead.html

https://www.tiredefectattorney.com/gm-faces-100-million-tire-pressure-lawsuit-in-texas/

]]> https://www.tiredefectattorney.com/delivery-truck-driver-blamed-for-death-of-security-guard/ Tue, 20 Apr 2021 00:53:02 +0000 https://www.tiredefectattorney.com/?p=2300 Read More »]]> A security guard at an upscale gated community in Las Vegas lost his life as he was trying to help a delivery truck driver back out of a spot. The family of 61-year-old Mark Streit has filed a wrongful death lawsuit against RC Wiley for whom the delivery driver worked for and the gated community. The driver of the truck was also named in the lawsuit.

The lawsuit includes a letter sent by one of the residents detailing the dangerous conditions of the gated community. The letter details several problems at the gate and the surrounding area that helped contribute to a very dangerous situation.

The Contents of the Letter

According to the letter, which was sent the same day that Streit’s widow filed her wrongful death lawsuit against the three defendants, the guard was overwhelmed at the gate since the community only permits one entrance. At the same time that he was trying to accommodate the residents, the company that maintained the community was doing a significant amount of roadwork which caused more traffic at the gate than one guard could handle.

At some point, the delivery truck attempted to get through the gate, but the truck was too large to fit. Streit attempted to clear traffic behind the truck. There is then conflicting information as to what happened next. A newspaper article stated that Streit fell for an unknown reason just before he was hit. The lawsuit states that the truck hit Streit and then backed over him. The driver of the truck and another employee are both accused of failing to assist once it was obvious that Streit was injured. These actors are being blamed for maliciously withholding aid while the guard died. The plaintiffs will be arguing for punitive damages in this case.

Punitive Damages in Personal Injury Lawsuits

Punitive damages are awarded to plaintiffs to punish defendants for actions or inactions that are particularly black-hearted or egregious. We don’t know specifically what happened, but the company that employed the driver who struck the security guard is being targeted for punitive damages by the plaintiffs. Plaintiff’s attorneys work only on allegations. It’s our job to believe our clients and then advocate for their interests. If two employees of RC Wiley failed to render aid after striking the security guard, punitive damages would indeed be appropriate. Proving that claim will involve witnesses to the accident detailing what happened directly during and then after the security guard was struck.

However, the case can prove difficult if there were no other witnesses. It would be difficult to prove that the men failed to render aid immediately after the incident occurred. Nonetheless, it’s likely that the driver was negligent when he struck the security guard. The gated community also created the conditions under which the security guard’s life was placed in danger. So this lawsuit is winnable.

Talk to a Florida Truck Accident Lawyer Today

If you’ve been injured in an accident with a commercial truck, call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.

Resource:

8newsnow.com/news/local-news/lawsuit-alleges-negligence-in-guards-death-at-gate-to-upscale-henderson-community/

https://www.tiredefectattorney.com/proposed-texas-bill-removes-vicarious-liability-for-truck-companies/

The area of the interstate where the crash occurred had been under construction for months. In this article, we’ll take a look at the circumstances surrounding the accident.

Couple Headed into Jacksonville for Date Night 

The couple was headed into Jacksonville for their date night when the accident occurred. The semi-truck was attempting to round a curve at the Lem Turner exit when the driver lost control. The vehicle went over the center median and slammed into the couple’s Kia Optima. The remains of the couple’s vehicle is currently being stored in a warehouse for evidence for use at trial. It will show just how hard the semi-truck struck the couple’s vehicle. The mangled remains of the vehicle will be a powerful reminder to the jury of what kind of damage a reckless truck driver can do.

In addition to the lawsuit filed by the grieving parents, the truck driver may face criminal charges pending an investigation. A charge of vehicular homicide is not outside of the question.

Truck drivers are required by law to drive slow in inclement weather. They are also required to drive slowly through construction zones. That’s because it takes a lot longer for a truck to come to a complete stop than it does a car. Truck drivers must be able to anticipate other vehicles on the road. An accident report indicated that the truck driver was driving through the construction zone at 70 mph which is 10 mph over the legal limit for a zone without construction. The area of the highway was not believed to be under construction the night of the accident, but it’s unclear if there was a work zone in place at the time. The curve where the couple lost their lives has been a dangerous area for drivers even before the road was being maintained.

The Case Against the Trucking Company

The case against the trucking company is solid. The plaintiffs will show that the driver was speeding when the accident occurred. That will prove that the accident was the fault of the truck company’s driver. That means that the trucking company is liable for the deaths. The truck driver himself may face charges related to reckless driving and criminally negligent homicide. Such criminal prosecutions have become increasingly common as truck companies hire underqualified or poorly-trained drivers to deliver goods while interest in driving freight diminishes across the U.S.

Talk to a Truck Accident Injury Lawyer 

The Coral Gables tire defect attorneys at Halpern, Santos & Pinkert litigate claims on behalf of injured drivers related to truck accidents or auto parts liability. Call today to schedule a free consultation and discuss your injury in more detail.

https://www.news4jax.com/news/local/2020/09/23/families-file-lawsuit-after-semi-truck-crash-kills-young-couple-on-i-95/

According to the passengers, the limo’s brakes were faulty and this is what led directly to the 20 deaths. Adding Mavis to the lawsuit is the latest twist in this highly-publicized drama.

The latest lawsuit was filed by Thomas and Donna Rivenburg who are both the main administrators of the estate of Amanda R. Rivenburg who was one of the 17 young adults who died in the crash. She was 29 years of age.

What Happened?

Essentially, the limo was rolling down a long hill when the brakes failed. The driver lost control of the vehicle and it crashed. The vehicle itself was a 2001 Ford Excursion that had been refitted to increase seating to 18 people. The driver, Nauman Hussein, was charged with 20 counts of second-degree manslaughter for his failure to properly service the tires. However, records now show that Hussein and others did bring the vehicle into the shop to have repair work done on the brakes. Unfortunately, that repair work wasn’t extensive enough to correct the problem.

Little was known about what repairs the limo company and their driver attempted to make on the vehicle prior to the accident. Hussein is still standing trial for those deaths but is likely to pin the blame on Mavis Tires for the incident.

This can be an effective defense because Mavis Tires’ employees are the supposed experts on brakes. A limo driver is not expected to have the same specialized knowledge as the mechanics who serviced the vehicle. The plaintiffs agree. By adding Mavis Tires to the lawsuit, they are accusing the auto shop of placing a bandaid over a gushing wound. The plaintiffs contend that the mechanics should have informed the limo driver of the condition of all four of the brakes and then recommend a more expansive service. The plaintiffs allege that Mavis could have foreseen the crash after seeing the condition of the brakes.

Hussain, who is 30, was expected to stand trial in May, but the coronavirus shutdown has thrown the proceedings into limbo. It is presently unclear if the new information will hurt the prosecution of the man who was driving the limo at the time of the crash. The criminal charges rely on the belief that Hussain was aware of the condition of the vehicle at the time of the crash. Hussain has consistently said that he had the vehicle serviced and considered it safe to drive before taking it out on the road.

The crash has also spurred legislative initiatives to close loopholes in regulations and make changes to federal law. The NHTSA has also been involved in the investigation.

Talk to a Florida Defective Auto Part Lawyer Today

If a poor mechanic service or a defective auto part has resulted in severe injuries, call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free case evaluation and learn more about how we can help.

Resource:

dailygazette.com/article/2020/06/26/new-limo-lawsuit-targets-mavis-discount-tire

https://www.tiredefectattorney.com/arkansas-court-of-appeals-upholds-ruling-against-hankook-tire/

Each year, there are roughly 78,000 crashes related to tire blowout accidents. Roughly 400 of those individuals will die in accidents related to tire blowouts. These individuals usually experience the tire blowout while they’re driving on highways. It’s also true that large commercial trucks, like tractor-trailers, are implicated in a number of the tire blowout accidents you see.

Why is that?

Why Tractor-Trailers Cause the Most Tire Blowout Accidents?

Large commercial trucks are expected to travel great distances at high speeds. They have numerous tires on their vehicles and each one is expected to operate correctly in order to ensure that the driver and others on the road are safe.

When a tire on a semi-truck blows out, the tendency of the driver is to pull the wheel back in the opposite direction that it’s pulling while slamming on the brake. This often ends up being a fatal choice as the massive truck swerves into other lanes and across medians eventually causing a fatal accident. The truck can turn over, jackknife, or veer into oncoming traffic. This not only puts the truck’s driver in danger but everyone else sharing the road with them as well.

There Should Definitely Be Fewer Tractor-Trailer Blowouts

Tractor-trailer companies and drivers are held to a much higher standard than commuters with whom they share the road. Commuters can be held liable when a mechanical defect results in an accident that causes injury. But since tractor-trailer drivers are required by federal law to perform routine inspections on their vehicles after every 24 hours of driving, tractor-trailer drivers can be held both civilly and criminally liable if their inattentiveness to their vehicle results in a death or serious injury. In addition to routine 24-hour inspections, all trucks are required to be inspected before they leave for a delivery.

So when a truck driver or the company they work for fails to adequately perform an inspection and misses something that they should have caught, they can absolutely be held liable by both the criminal and civil justice systems.

Defective Tire Lawsuits

Some number of the more than 78,000 tire blowout accidents that happen each year are directly attributable to faulty or defective tires. In these cases, some flaw in either the design or manufacturing of the tire led directly to the blowout which caused the accident. With so many possibilities on the table for contributions made to a tire blowout accident, it can be difficult (though not impossible) to determine what precisely caused the accident. Yet tire liability lawyers like Halpern, Santos, & Pinkert have experts on staff who could investigate the accident and the tire itself to determine what the cause of the accident was.

If you’ve been involved in a tire blowout accident, call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert and we can determine who is responsible for the accident.

Resource:

nhtsa.gov/equipment/tires

https://www.tiredefectattorney.com/passenger-dies-after-tire-blowout-in-pickup-truck/

As the accident was occurring, the driver attempted to compensate for the pull by oversteering but was not able to retain control of the vehicle. The vehicle trundled over the median and came to its final resting spot in an embankment.

By the time first responders were able to get to the vehicle, the driver was already dead. According to investigators, the driver was not wearing a seatbelt.

Contributing Factors to This Accident

Typically, instead of having one cause, accident reports list several contributing factors. While this is useful because it provides a complete picture of the forces that came together to cause the accident, it is important to remember that some contributing factors contributed more than others.

In this case, there were three contributing factors that are directly responsible for the severity of this accident. The first, of course, is the tire failure. In this case, the individual who sold the vehicle to the driver should have informed him concerning the age of the tires. Old tires traveling at high speeds and carrying considerable weight are a recipe for disaster. In this case, simple age could have resulted in the tire failure.

The second factor was the lack of a barrier separating the two lanes of traffic. This is a factor because, had the driver struck a median instead of bounding over a grassy knoll, he may still be alive. Instead, the driver hit an embankment on the other side of traffic.

Lastly, failure to wear a seatbelt may have been a key factor in the driver’s loss of life. This is especially true because the driver was driving a vehicle that he was unfamiliar with having recently purchased it from an auction. We don’t know if the driver would have survived the accident had he worn a seatbelt, but we do know that the driver died of multiple blunt force traumas exacerbated by not wearing a seatbelt.

The primary or first cause of the tire accident was the first thing that happened in the chain: The tire failure. It’s unlikely that a suit against the tire manufacturer will yield much since the truck was nearly 40 years old. It is more likely that the truck simply had old or worn-out tires. Nonetheless, the auctioneer failed to warn the purchaser about potential dangers, but common sense tells you that’s the first thing you should look at when buying a new (especially commercial) vehicle.

Talk to a Florida Defective Tire Attorney

If you’ve been involved in an accident related to tire failure, the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert can help you file a claim and hold the negligent party accountable for your injuries. Talk to us today and schedule a free consultation.

Resource:

ehstoday.com/safety/article/21120024/fatality-investigation-dump-truck-driver

https://www.tiredefectattorney.com/georgia-man-charged-in-flying-tire-death/

One Florida truck driver and the company he works for is learning this the hard way after a Georgia family filed a wrongful death suit against both driver and company after one of their trucks lost two of their tires. One of those tires would collide with an Acura driven by Jennifer Thomas who was killed in the accident. There were three other people in the vehicle, Thomas’s mother, father, and son were witness to her death.

What Happened? 

Jennifer Thomas’ Acura was headed south on I-75 when a tire came loose on a Freightliner, trundled over the median, and struck her windshield. Thomas was killed instantly and the three other passengers in the car were injured.

Now, the State of Texas has filed criminal charges against Yurien Chavez, the driver of the truck and the family has filed a lawsuit against both Chavez and the company he works for US Xpress Transport. Chavez is being charged with negligent homicide.

The law is on the side of the plaintiffs in this case. As we have stated several times in our blog before, trucking companies and their drivers are obligated by federal regulations to ensure the roadworthiness of their vehicles prior to going out on delivery. They are required to perform an inspection on the vehicle prior to leaving for delivery and drivers are expected to perform inspections every 24 hours on the road.

While their driver faces charges for criminally negligent homicide, the trucking company is liable for the conduct of their employee while they are on the job. Additionally, the family claims that the company is directly negligent for failing to catch the problem before the truck left for delivery.

Criminal and Civil Cases

The lawsuit against the driver will have to wait until the criminal charges are processed as criminal cases take precedence over civil cases. That being said, a judgment against the truck driver could improve the family’s chances of winning their lawsuit.

Criminal negligence has a higher standard of proof in criminal court than civil negligence. A prosecutor must prove the defendant is guilty beyond a reasonable doubt while a plaintiff’s attorney is only required to prove that the negligence was more likely than not. Even if the defendant is not convicted, the plaintiffs can pursue their case. But having a conviction on record will make their attorney’s job much easier.

Talk to a Defective Tire Attorney Today

If you’ve been involved in an accident related to tire failure, the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert have experience litigating these cases and recovered multi-million-dollar verdicts for our clients. Talk to us today for a free consultation.

Resource:

macon.com/news/local/article239242278.html

https://www.tiredefectattorney.com/georgia-man-charged-in-flying-tire-death/