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.

Check The Tread

The tire tread provides the gripping action and traction that prevent your vehicle from slipping or sliding, especially when roads are wet or icy. According to Savercar.gov, the nation’s premier source of vehicle safety information, tires are not safe and should be replaced when the tread is worn down to 1/16 of an inch.

Tires have built-in treadwear indicators that let you know when it is time to replace your tires. These indicators are raised sections spaced intermittently in the bottom of the tread grooves. When they appear “even” with the outside of the tread, it is time to replace your tires.

Another method for checking tread depth is to place a penny in the tread with Lincoln’s head upside down and facing you. If you can see the top of Lincoln’s head, you are ready for new tires. (In the photo, the tread on the tire covers the top of Lincoln’s head, so it’s not yet ready for replacement.)

Plan for Floods and Tornadoes

It’s not that we’re safety-obsessed (well, maybe a little…it’s our job), but we’re in the season when anything can happen, weatherwise. If you plan to be driving, pay attention to those “Flash Flood Warnings” that are broadcast when the danger is greatest. And then have a plan for dealing with whatever comes your way.

If you’re driving, don’t cross any roadway that is covered with water unless you know the depth of the water for certain. Some roadways dip and can leave a “puddle” deep enough to stall your car and leave you stranded. Even if it is your only route, don’t cross–turn around and wait the storm out if necessary.

If you do find yourself stuck with a stalled vehicle, abandon your car and walk to higher ground. In some cases, driving rains and floods have been strong enough to carry cars away–if you stay in your car, you’ll be carried away, too. People have drowned because of a decision to stay in a flooded car.

If you spot a tornado, don’t think you can out-run it. Your car may be fast, but tornadoes aren’t confined to roads. They can leap-frog over fields and suck your car up before you know what happened. Instead, get out of the car and seek some sort of substantial shelter–a large building or house with a foundation (sheds and trailer homes don’t count). Once inside, head for the lowest level and look for a room with the fewest windows. Cover yourself with a piece of furniture, cushions, blankets, pillows–anything that might protect you from flying glass and debris.

If there is no shelter, then lie down flat, stomach-side down, in a ditch, culvert, or other depression. Cover  your  head with your hands, and wait for the tornado to pass. (Common sense alert: If the ditch is too full of water to breathe if your head is down, find a different ditch.)

Subscribe to Weather Alerts

You’ll have a jump on the weather if you get weather alerts sent to your email address or cell phone. Some places will even have a recorded message called into your phone! To subscribe to local alerts for your favorite information sources, click here:

WRAL WeatherCall

WRAL Email Alerts

WTVD ABC11 Mobile and Email Alerts

WNCN NBC17 Mobile Text Alerts

Check back later this week for information about how to avoid hydroplaning and other rain/road hazards.

According to NewsObserver.com, the Raleigh auto accident occurred on Interstate 440 near Western Boulevard.

The man crashed into a guardrail and was pronounced dead at the scene of the Raleigh auto accident.

Read more.

What do you think contributes to Raleigh auto accidents involving one vehicle? Do you think there are certain times at night when Raleigh auto accidents like this are likely to occur?

If you or someone you know has been in a Raleigh auto accident, the Raleigh auto accident lawyers at HensonFuerst Attorneys can help.

Don’t get us wrong—we love this program. The “Booze It & Lose It: Operation Firecracker” campaign set up sobriety checkpoints throughout North Carolina for the week leading up to the Fourth of July holiday. Officers look for drunk drivers (hence the “booze it” part of the title), but also any other vehicle or criminal infractions.

From June 28, 2010 to July 4, 2010, the state conducted more than 4,600 sobriety checkpoints and dedicated patrols. More than 49,000 criminal citations were issued, including 1,291 impaired drivers were taken off the road, 835 drug charges were issued, and 738 drivers were cited for child passenger safety violations. That’s a bittersweet success. The good news is that the streets were made that much safer…the bad news is that there were so many impaired and unsafe drivers to be caught.

“We received an outpouring of support from law enforcement from across the state during this effort,” said David Weinstein, director of the Governor’s Highway Safety Program. “Their dedication in removing impaired drivers from our roads is greatly appreciated.”

HensonFuerst would like to echo that sentiment, for ourselves, and on behalf of all our clients who have been injured or killed by impaired drivers. Thank you to all the diligent North Carolina law enforcement officers. They help clean up the streets every day, not only on holiday weekends.

To see how your county fared in specific citation categories, click here: Firecracker Totals.

In the meantime, the American Association for Justice has a fantastic visual that describes 11 major ways that cars have become safer, thanks to the civil justice system.

(And remember, if you need us, we can be reached at http://www.lawmed.com, or 1-800-4LAW-MED.)

According to GarnerNews.net, the driver of a Chevy Trailblazer ran off the right shoulder and overcorrected, resulting in the Raleigh auto accident.

Four men who weren’t wearing their seatbelts at the time of the Raleigh auto accident were thrown from the vehicle.

Read more.

Do you think seatbelt laws are enforced to prevent Raleigh auto accident? What do you think Raleigh law enforcement officials can do to ensure drivers and their passengers wear seatbelts?

If you or someone you know has been involved in a Raleigh auto accident, the Raleigh auto accident lawyers at HensonFuerst Attorneys can help.

If you are younger than age 65, you could receive your settlement check within weeks. That sounds right, right? Here’s the problem: If you are age 65 or older, your settlement check could be delayed by years. Yes…years. The difference is due to the red-tape run-around involving something called the Medicare Secondary Payer System (MSP).

The MSP was the product of good intentions. It was designed to help keep Medicare solvent by reimbursing the Medicare Trust Fund if another insurance or compensation source is available to pay for health care costs. The timeline (ideally) would go like this:

1. An injury occurs.
2. The medical bills are paid by Medicare.
3. A lawsuit is filed.
4. A lawsuit is won.
5. Medicare is contacted.
6. Medicare bills are tallied.
7. Medicare is reimbursed from the settlement money.
8. The remainder of the settlement goes to the injured person.
9. Other bills get paid and justice is done.

Again, that’s the ideal. In reality, this is what happens (differences are highlighted):

1. An injury occurs.
2. The medical bills are paid by Medicare.
3. A lawsuit is filed.
4. A lawsuit is won
5. Medicare is contacted. (So far, so good.)
6. Medicare sits on the request to tally the bill.
7. Medicare sits on the request to tally the bill.
8. Medicare sits on the request to tally the bill.
9. Medicare sits on the request to tally the bill.
10. Medicare sits on the request to tally the bill. (ad infinitum)
11. Other bills don’t get paid; justice is not done.

The funds that have been won in a lawsuit can be tied up for years due to the red-tape and inefficiencies of the MSP system. And remember, we’re talking about senior citizens–many of them die before they see a dime of the money that could improve their lives.

What Is Being Done?

There is currently a Bill before Congress that would streamline the process of Medicare reimbursement. The Bill (HR 4796: The Medicare Secondary Payer Enhancement Act) will do several things. Most importantly, it will require that Medicare respond to requests for recovery information within 60 days… that Medicare develop an appeals process for repayment determinations…and that there be a 3-year statute of limitations, so that Medicare can’t ignore injured seniors forever.

One has to wonder why the system would allow this kind of bureaucracy or incompetence to continue. Don’t they want funds repaid in a timely manner? Who benefits from keeping the law in place as it is? It seems like no one: The bill was introduced in March 2010 by Reps. Patrick Murphy (D-Pa.) and Tim Murphy (R-Pa.). It is co-sponsored by 26 other Representatives–Democrats and Republicans–and is backed by a varied group of organizations and businesses, including Walmart, the Defense Research Institute, the American Insurance Association, and Safeway.

HensonFuerst also supports the bill. We have seen many of our clients suffer needlessly–additional suffering on top of their injuries–because of the current difficulties with Medicare reimbursement. If you want to read the full bill and see its status, click here: http://www.govtrack.us/congress/bill.xpd?bill=h111-4796

And if you want to send a message of support to your Representative in Congress, go to the website for People Over Profits (http://www.peopleoverprofits.org), or click here to be taken to their dedicated web page: Support HR 4796.

You have probably heard news stories about  children who have been caught on drains at the bottom of pools. Drains with old-fashioned, missing, broken, or faulty covers can also entrap hair, limbs, clothing, and jewelry. Because the suction of the pool pumps is so strong, children–and even some adults–are unable to free themselves, and they end up drowning or becoming seriously injured. In severe cases, the suction can even cause disembowelment/evisceration.

What you may not have heard is that a series of Federal and state laws have been enacted prevent this type of tragedy. The new laws are already in effect in North Carolina. Public pools must now have modified drain covers, which are usually dome shaped so that children won’t get stuck.  In addition, pools must have two drains per pump, so that one drain would be able to handle 100% of the water flow.

The laws were sparked by the 2002 death of 7-year-old Virginia Graeme Baker (granddaughter of former Secretary of State James Baker), who became trapped at the bottom of a hot tub by the suction of the drain. Her mother, Nancy, has worked to make pool and hot tub entrapment a nationally recognized issue, and to ensure that mandatory standards were put in place. (To read more about Graeme’s story, click here: SafeKids page on VGB.

So, what does that mean for you?  Well, before I would take my child to the pool, I would check with pool management to make sure they are in compliance with the new law.  Also, take a look at the pool yourself, and look for raised or domed drain covers–those are the ones that you want to see.  Also, make sure that you see multiple drains.

We have created a short video about this topic. Click here to view: HensonFuerst Pool Drain video.

To read FAQs about the VGB Pool and Spa Act, click here:  PoolSafety.gov

At HensonFuerst, if you have questions, we have answers.