A recent study published in a psychology journal (Experimental and Clinical Psychopharmacology), researchers found that when people have been drinking, the brain feels “not drunk” before the brain and the body stop acting drunk. That means that people might get behind the wheel and drive drunk because they think they have sobered up enough to drive. In reality, they are impaired, both cognitively and physically. That leads to bad decisions–the bad decision to drive after drinking, and bad decisions while on the road, such as making judgements while traveling through intersections or changing lanes.

According to Peter J. Snyder, Ph.D., professor of neurology at the Warren Alpert Medical School of Brown University, the bottom line of the study is that “subjective perception of intoxication is a poor indicator of sobriety and the ability to operate a motor vehicle.” (As quoted in an article posted on ScienceDaily.)

Our bottom line: If you have been drinking alcoholic beverages at all, don’t drive. Once your blood alcohol concentration reaches 0.08 to 0.10–that is, over the legal limit in all states–the risk of a motor vehicle crash is about 50 times higher than when you are sober.  If you don’t stay off the road for your own sake, think of the potential devastation to the lives of other people on the road, and to the lives of your family if you are injured or sent to prison for DUI manslaughter.

At HensonFuerst, we are committed to seeing drunk drivers pay for their dangerous behavior. We support law enforcement efforts to keep drunk drivers off the road, and we fight tirelessly to get compensation for victims of drunk drivers.

The problem of impaired-driving is a serious one.  While America witnessed a decline in the number of impaired-driving fatalities from 2007-2008, the numbers are still too high.  That’s why law enforcement agencies throughout the country are participating in an intensive crackdown on impaired driving.

This national impaired driving crackdown—known by its tagline, Drunk Driving. Over the Limit. Under Arrest—-runs from Friday, August 20 through September 6 (Labor Day).

In 2008 alone, nearly 12,000 people died in crashes in which a driver or motorcycle rider was at or above the legal limit, according to the latest statistics from the National Highway Traffic Safety Administration (NHTSA). More than 400 of those fatalities were in North Carolina.

According to the latest data, 32 percent of fatalities in motor vehicle traffic crashes involved a driver or motorcycle rider with a blood alcohol concentration of .08 g/dL or above — an average of one fatality every 45 minutes.

According to representatives of the NHTSA:

“Our message is simple and unwavering. If we find you driving impaired, we will arrest you. No exceptions. Even if you beat the odds and walk away from an impaired-driving crash alive, the consequences of driving while impaired can still virtually destroy your life.”

Violators often face jail time, lose their driver license, or are sentenced to using ignition interlocks. Their insurance rates go up. Other financial hits include attorney fees, court costs, lost time at work, and the potential loss of job or job prospects. And even if you aren’t injured, you may injure someone else, and have to live with that guilt for the rest of your life.

Driving impaired is simply not worth the consequences. Don’t take the chance. This crackdown will last through Labor Day, but it is a message that everyone should bear in mind everyday:  If you’re over the limit, you’ll be under arrest.

Stay safe… drive sober.

Resources:

Click here for more information about what you can do to join the fight against impaired driving: Stop Impaired Driving.

HensonFuerst auto wreck webpage

Mazda is recalling 500,000 cars worldwide, about 215,000 in the United States, for problems with the power steering. According to the National Highway Traffic Safety Administration (NHTSA), the recall includes all 2007-2009 Mazda 3 and Mazda 5 vehicles. The problem is that there is a risk of sudden loss of power steering assist, which can occur at any time while driving the vehicle. Without the ability to steer the vehicle as expected, the risk of a crash.

I looked on the Mazda corporate website and the Mazda USA website, and I couldn’t find any reference to this recall. However, according to the NHTSA website:

Due to short supply of parts, the first phase of mailing of owner notification letters will begin on or before September 15, 2010 and the second phase mailing will begin in September 2010 and be completed in February 2011.

Unacceptable! Are some Mazda drivers supposed to drive around with an increased risk of crashing for the next six months? Even one day of driving with the potential for power steering failure is unacceptable. According to an article in today’s New York Times:

The recall comes about a year after Mazda started fixing vehicles in Japan for the same problem. But Mazda told the American safety agency that since the “occurrence rate was low” in the United States it issued only a technical service bulletin to dealers telling them how to fix the problem.

Let me get this straight–vehicles in Japan have been getting fixed while U.S. drivers are continuing to drive at risk? I don’t care how low the occurrence rate is, a single crash that results in an injury or death is one occurrence too many.

The phone number for Mazda Customer Assistance is 1-800-222-5500. If you own one of the recalled cars, call and demand that they pay for a rental car until your car is fixed. You can also call the NHTSA’s Vehicle Safety Hotline at 1-888-327-4236 if you get no satisfactory answer from Mazda.

And if you were injured in a car wreck that involved a 2007, 2008, or 2009 Mazda 3 or Mazda 5, feel free to call HensonFuerst for information about your legal options. Our phone number is 1-800-4LAW-MED. Or visit us online at http://www.lawmed.com. If you have questions, HensonFuerst has answers.

The recall affects about 250,000 vehicles.

“Because of the potential for a false-latch condition, we want customers to return their vehicles to have the recall repair performed as soon as possible,” said Jeff Boyer, GM executive director of safety.

According to a GM press release, vehicle owners will begin receiving letters giving recall details, including how to schedule an appointment with the dealership.

If you own one of these vehicles, it would be prudent to avoid using the second-row seats until the problem is fixed–don’t take a chance with the lives of your loved ones. If you have been involved in a wreck and think that a faulty seat belt latch may have contributed to the injuries of someone in your car, feel free to call the injury lawyers of HensonFuerst for information about you legal options. If you have questions, HensonFuerst has answers.

According to an article in today’s News & Observer, we’re not the only ones confused by this decision:

That decision has puzzled and frustrated some officials, who ask whether opposition to the technology was sparked in part by turf battles and personality conflicts. David Wallace, director of the National Center for DWI Courts, said he’s not aware of any other state that has imposed such restrictions.

“I’m very surprised,” said Wallace, whose organization helps train officials in setting up DWI courts. “…It takes away one more tool that could be used to monitor people … so they’re not out there risking the community’s safety.”  [italics added by blogger]

Drunk driving is a pervasive and continuing problem. It may not be in the newspaper everyday, but the automobile wreck attorneys of HensonFuerst deal with the painful aftermath of drunk-driving crashes every day. Every…single…day.

As far as we’re concerned, anything that has the potential to help keep people from driving drunk should be celebrated, not prohibited. Foes say that the technology of bracelets is not foolproof, to which we say: So what? Bicycle locks aren’t foolproof, either, but does that mean that we give up on locking our bikes when we stop in a public place? Of course not. Any little thing we can do to make it more difficult for a thief to ride away on our property is good.

Personally, I don’t care if the alcohol-detecting ankle bracelets aren’t perfect. If they stop one person from driving drunk and hurting one innocent person, then the technology is fantastic. Every other state has figured this out…why not North Carolina? Coming on the heels of the story of Johnston County illegally dismissing 33 DWI cases (N&O story), it’s beginning to seem as though drunk drivers get better protections than the rest of the residents.

(Want to take this one step further? A conspiracy theory I heard posited one additional link: the state-run ABC alcohol stores.)

What exactly is going on? At HensonFuerst, we will continue our efforts to educate young drivers about safety and responsibility… and we fight for compensation for those innocent drivers injured–sometimes fatally–in wrecks caused by people who drive drunk. We urge North Carolina to allow DWI courts to use alcohol-detection ankle bracelets as another tool to help curb dangerous drivers.

Read the full N&O article here:  http://www.newsobserver.com/2010/08/13/626823/dwi-tool-is-curbed-in-nc.html#ixzz0wV3KpXpr

Read our auto wreck information page here: http://www.lawmed.com/north-carolina-auto-accident-lawyer.php

According to a story on WRAL.com, the red-light camera along route 64 capture speeders, red-light runners, and even some horrific traffic accidents, including one where a tractor-trailer slammed into a car, spun it around, and then hit it again.

Drivers who run a red light get a $50 ticket in the mail. What seems particularly disturbing is that the amount of fines Knightdale has collected in the past year from these red-light incidents has tripled. Yes, TRIPLED…from $9,000 to $27,000. That’s more than 10 dangerous intersection episodes each week–in little Knightdale!

“That is more or less a daily occurrence at the intersections,” said Shawn Brown, Knightdale’s public safety director and police chief. “People are using their cell phones, or they’re distracted in some way and don’t see the light.”  [from WRAL story]

Wow. Again we see the risks of distracted driving. No phone call is worth the risk to your life, or someone else’s life. If you must talk on the phone, we urge you to pull over…otherwise, put your phone in the back seat or the trunk, where you won’t be tempted to use it.

And for those of you who don’t practice DWD (Driving While Distracted), all we can say is this:  Keep your eyes open out there–don’t assume that everyone will stop at a red light. Sad (and dangerous) but true.

North Carolina has seen a 40% decrease in teenage driver fatalities this year, compared to a similar period in 2009. That demonstrates the amazing start of what everyone hopes will be a long-term trend. And with the continuing teen driver programs of the N.C. Highway Patrol, those hopes may very well be realized.

According to an article in the Rocky Mount Telegram, Operation Drive to Live and other programs are focusing on reinforcing safe driving practices. According to the article:

“No one can prevent all fatalities, but we can raise awareness. We can help people to realize the consequences of making bad decisions,” [1st Sgt. Martin] Jones said. “We will use a case from May where a 17-year-old ran a stop sign to educate others; because that is all it takes, one brief moment of unclear thought. As tragic as that death is, it will be used to save other lives.”

The state-wide Operation Drive to Live ended in June, but more efforts will be ramped up for the new school year. At the top of the Highway Patrol’s priority list is to reduce the incidence of speeding through vigilance and new technology. After all, speed is the leading cause of traffic fatalities.

“We are going to use the LIDAR more, which (is more accurate than traditional radar units, can reach thousands of feet to measure speed and distance and) is very undetectable,” [Highway Patrol Lt. Keith] Stone said. “We can use it without being seen.”   [Rocky Mount Telegram]

So teenagers aren’t the only ones who need to watch speed limits a little more closely.   FYI–if you want to report drunk drivers, speeders, crashes, or other highway situations, simply dial *HP (for Highway Patrol) on your cell phone!

All of us here at HensonFuerst are proud of the work of the North Carolina Highway Patrol, and we support all efforts to reduce the number of crashes, injuries, and deaths on our roads. We’ll keep you posted on new programs as they are announced.

The children are our future…but only if they stay alive past high school.

TOYOTA AVALON

On its website, Toyota reports that it is recalling 373,000 model year 2000-2004 Toyota Avalons in the United States. Apparently, the steering lock bar–a component of the steering interlock system, is defective. A tiny crack could develop, which, over time, could enlarge and eventually cause the bar to break.

In certain conditions, this could result in a steering wheel becoming locked during a fast turn, and (in the words of Toyota’s press release) “increasing the risk of a crash.” (Someone in Toyota’s PR department seems to have mastered the art of understatement.)

As part of the recall, Toyota will replace the steering column bracket on involved vehicles, a procedure that takes about two hours to complete depending on the dealer’s schedule. Toyota will notify owners by first class mail beginning in late August 2010 to bring their vehicles to their local Toyota dealer for replacement of the steering column bracket at no charge to the customer. (Toyota July 29, 2010 recall notice)

Information and some answers are available to Toyota customers at www.toyota.com/recall and at the Toyota Customer Experience Center at 1-800-331-4331. HensonFuerst recommends calling to request an expedited recall service–we wouldn’t want our friends or family to wait for snail mail to start the process to get the steering system fixed.

LEXUS LX 470

In a separate notice, Toyota also announced the recall of about 39,000 model year 2003-2007 Lexus LX 470 vehicles. This is for a different problem with the steering system.

Lexus has determined that the construction of the steering shaft on involved LX 470s is such that the snap ring on the shaft may disengage when the vehicle experiences an unusually severe impact to the front wheels, such as striking a deep pothole.  If the snap ring becomes disengaged and the steering wheel is then repeatedly turned to the full locked position, the steering shaft may disengage over time. (Lexus recall notice)

Lexus will begin sending out letters to owners in mid-August. Again, HensonFuerst recommends calling to request an expedited recall service–the steering system is too important to let wait. Detailed information about this recall is available through Lexus Customer Satisfaction at 1-800-25 LEXUS or 1-800-255-3987 or at www.lexus.com/recall.

HENSONFUERST

If you have been involved in a car wreck, and you believe a mechanical failure may be to blame, call the attorneys of HensonFuerst at 1-800-4LAW-MED. Our team of investigators can help get to the root cause of the accident. If you have questions, HensonFuerst has answers.

According to a web page for the University of Pittsburgh Safety & Security Committee, hydroplaning happens when the water on the road in front of your tires accumulates faster than your tires can push it out of the way. (That’s one of the roles of tire tread: to provide a channel for the water to be pushed backward.) The water forces its way between the road and the tire, and raises the car via water pressure. Not a lot, just a tiny fraction of an inch… but that’s enough to make your car “float.”

The effect is like hitting a patch of ice–you lose control, including the ability to brake and steer.

Depth-Speed-Depth

There are three factors that contribute to the risk of hydroplaning during a storm:

1. Depth of Tire Tread. Another good reason to check your tire tread–worn tires can’t channel water away, and are more likely to cause hydroplaning.
2. Speed of Car. The faster you’re going, the greater the risk of hydroplaning. Slow down in a heavy downpour, even if you know the road.
3. Depth of Water. The deeper the water, the more quickly you’ll lose traction. But you don’t have to have puddles to be at risk–even a strong rain can build up quickly.

According to the University of Pittsburgh, it can be difficult to tell if you are hydroplaning before that frightening moment when you realize you have no control:

“The rear end of your vehicle may feel a little squirrelly (loose, giving you the sensation that it has moved to one side or the other), especially in a high crosswind. The steering may also suddenly feel loose or little too easy.  Watch the road ahead for standing or running water. You can also pay attention to the spray being kicked up by the cars in front. If it suddenly increases it’s possible that the driver has hit a patch of water that could cause you to hydroplane.”  University of Pittsburgh engineering

WHAT TO DO

If you find yourself beginning to hydroplane, first, don’t panic…don’t apply brakes…don’t try to turn the steering wheel. These could throw you car into a skid. Instead:

• Hold the steering wheel firmly, and keep going straight.
• Ease your foot off the accelerator until you can feel the tires grip the road again, or until you come to a stop.
• If you must apply brakes (and if you have anti-lock brakes), brake with a slow, steady pressure. Do not “pump” the brakes. The anti-lock mechanism automatically mimics pumping better than your foot can do it.

It is always important to drive at speeds appropriate to road conditions, and in a downpour, water accumulation is one of those “invisible” conditions. Slow down in the rain…always.

For a really old, but still technically valid, video about how hydroplaning happens, click here to go to an archive page from NASA: Automobile Tire Hydroplaning

The Order of Service was established to recognize members who have given generously of their time and talent to NCAJ by serving in a minimum of two areas, which can include serving on committees, writing manuscripts and articles, and speaking at Continuing Legal Education (CLE) seminars. The goal of this recognition is to let recipients know how much their efforts are appreciated. Thomas’ level of service helps the organization to support other lawyers, and to protect the rights of clients.

Congratulations, Thomas! Your colleagues and clients alike applaud your success, and thank you for your tireless service.