Driver Distraction Accidents Caused by In-Vehicle Electronic Devices Prompt DOT Guidelines for Automakers
by Attorney Eric Hageman 
Electronic devices on the dashboard can cause accidents. Contact Eric for a free consultation.
An increase in driver distraction accidents has prompted the U.S. Department of Transportation to proposed guidelines to encourage automobile manufacturers to limit the distraction risk for in-vehicle electronic devices. The guidelines are outlined below, and they are a good start. However, as a national accident attorney who represents people injured by distracted drivers, I do not believe these guidelines go far enough. For example, number 3 below recommends that the devices require no more than 2 seconds of off-road glances to operate. In 2 seconds, a lot can happen.
These guidelines are voluntary, meaning they are not enforceable by DOT. But auto makers should be held responsible for their use of technology and how they fit it into the designs of their vehicles. Manufacturers are liable for injury and death caused by dangerous products. Arguably, in-vehicle electronic devices that encourage distracted driving make the vehicle a dangerous product. Lawsuits against auto makers for these types of flaws in design will go even further than the DOT proposed guidelines to change the way in-vehicle electronic devices are used in auto designs.
Proposed Driver Distraction Guidelines
The proposed Phase I distraction guidelines include recommendations to:
- Reduce complexity and task length required by the device;
- Limit device operation to one hand only (leaving the other hand to remain on the steering wheel to control the vehicle);
- Limit individual off-road glances required for device operation to no more than two seconds in duration;
- Limit unnecessary visual information in the driver’s field of view;
- Limit the amount of manual inputs required for device operation.
The proposed guidelines would also recommend the disabling of the following operations by in-vehicle electronic devices while driving, unless the devices are intended for use by passengers and cannot reasonably be accessed or seen by the driver, or unless the vehicle is stopped and the transmission shift lever is in park.
- Visual-manual text messaging;
- Visual-manual internet browsing;
- Visual-manual social media browsing;
- Visual-manual navigation system destination entry by address;
- Visual-manual 10-digit phone dialing;
- Displaying to the driver more than 30 characters of text unrelated to the driving task.
NHTSA is also considering future, Phase II proposed guidelines that might address devices or systems that are not built into the vehicle but are brought into the vehicle and used while driving, including aftermarket and portable personal electronic devices such as navigation systems, smart phones, electronic tablets and pads, and other mobile communications devices. A third set of proposed guidelines (Phase III) may address voice-activated controls to further minimize distraction in factory-installed, aftermarket, and portable devices.
To view DOT’s proposed electronic equipment guidelines, click here.
Attorney Eric Hageman represents accident victims throughout the United States. To contact Eric about a distracted driver accident, call 1-888-377-8900 (toll free) or submit our free consultation form.
Jimmy John’s E. coli Caused by Sprouts: Free Consultation with Food Safety Lawyers
Jimmy John’s E. coli Outbreak Highlights
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The Jimmy John's E. coli outbreak was most likely caused by clover sprouts.
12 people infected with the outbreak strain of E. coli O26 are confirmed as part of this outbreak linked to eating sprouts at Jimmy John’s restaurants.
- The number of ill persons identified in each state is as follows: Iowa (5), Missouri (3), Kansas (2), Arkansas (1), and Wisconsin (1).
- Two people have been hospitalized.
- Epidemiologic and traceback investigations indicate eating raw clover sprouts at Jimmy John’s restaurants is the likely cause of this outbreak.
- Traceback information on sprouts has identified a common lot of clover seeds used to grow clover sprouts served at Jimmy John’s restaurant locations where ill persons ate.
- Among persons for whom information is available, illness onset dates range from December 25, 2011 to January 15, 2012.
- Ill persons range in age from 9 years to 49 years old, with a median age of 25 years old.
- One hundred percent of ill persons are female.
Attorney Fred Pritzker and his food safety litigation team are investigating this E. coli O26 outbreak linked to sprouts on Jimmy John’s sub sandwiches. Fred has successfully represented people sickened by sprouts in past outbreaks linked to other restaurants.
“It amazes me that restaurants still serve raw sprouts,” stated Pritzker. “We recently settled some cases from a Salmonella outbreak linked to sprouts, and now E. coli on sprouts has caused another outbreak. I am speaking tomorrow night at Harvard Law School about the dangers of raw milk, but raw sprouts are possible the highest risk food in the United States.”
You can contact Attorney Fred Pritzker and the food safety attorneys at the Pritzker Olsen law firm for a free consultation HERE. Learn about E. coli food poisoning.
Jimmy John’s E. coli Outbreak Investigation
Epidemiologic and traceback investigations conducted by officials in local, state, and federal public health, agriculture, and regulatory agencies have linked this outbreak to eating raw clover sprouts.
- Epidemiologic Evidence: Among the 11 ill persons with information available, 10 (91%) reported eating at a Jimmy John’s sandwich restaurant in the 7 days preceding illness. Ill persons reported eating at 9 different locations of Jimmy John’s restaurants in 4 states in the week before becoming ill. One location was identified where more than one ill person reported eating in the week before becoming ill. Among the 10 ill persons who reported eating at a Jimmy John’s restaurant location, 8 (80%) reported eating a sandwich containing sprouts, and 9 (90%) reported eating a sandwich containing lettuce.
- Traceback Investigation: Preliminary traceback information has identified a common lot of clover seeds used to grow clover sprouts served at Jimmy John’s restaurant locations where ill persons ate. FDA and states conducted a traceback that identified two separate sprouting facilities; both used the same lot of seed to grow clover sprouts served at these Jimmy John’s restaurant locations. On February 10, 2012, the seed supplier initiated notification of sprouting facilities that received this lot of clover seed to stop using it. Investigations are ongoing to identify other locations that may have sold clover sprouts grown from this seed lot.
An analysis of the preliminary results of the epidemiologic and traceback investigations indicate eating raw clover sprouts at Jimmy John’s restaurants is the likely cause of this outbreak. Given the facts of this outbreak, it is extremely likely that many, many more people were sickened by the sprouts.
Attorney Fred Pritzker represents E. coli victims throughout the United States. Contact him for free E. coli lawsuit information.
When a Dump Truck Driver Causes a Fatal Accident, a Civil Lawsuit May be the Only Recourse for Justice
by Attorney Eric Hageman
The PritzkerOlsen accident litigation team has represented many people injured or killed by dump trucks. In dump truck accident cases, we often file civil lawsuits against dump truck drivers and, in many cases, against their employers, as well. Our goal is to provide needed financial help for the families of people who are injured or kill and, just as importantly, to hold wrongdoers accountable.
In some circumstances, a dump truck driver who causes an accident can be charged in criminal court. Unfortunately, however, that is the exception, not the norm. In most cases involving dump truck drivers, the criminal court is not where justice occurs. In fact, in two recent criminal cases against dump truck drivers, the slaps on the wrist the drivers received would never meet anyone’s definition of justice. In such cases, the civil justice system is often the only recourse for grieving family members where the possibility of punitive damages (an amount of money meant to punish) still exists. While nothing can ever replace the lives lost, and while the driver may not have to spend more time in jail, there can still be some measure of justice meted out by the legal system.
Dump Truck Driver with Multiple Speeding Tickets
Kills a Mother and Injures Her 4 Children
The driver of a construction company dump truck was speeding when he ran a red light and t-boned a van carrying a mother and her four children. The mother died as she was being transported to the hospital. The driver was charged with Misdemeanor Death by Vehicle, even though he had been caught speeding several times and given warnings and tickets.
Police Chief Troy McDuffie said the company the dump truck driver worked for, South Carolina-based R.E. Goodson Construction, was aware that its dump trucks had been speeding through the community of Spring Lake, North Carolina for months before the fatal accident, according to news reports. Even after the dump truck driver was ticketed for speeding (before the accident), the construction company continued to let him drive, putting a community at risk and costing a family the life of a loved one. And after the accident, Goodson Construction told NBC17 that the dump truck driver did not lose his job because he “is a good employee” and “mistakes happen.”
Police say the trucking company, R.E Goodson Construction, will not face any criminal charges. It is up to the family to decide whether they will pursue civil action, including a claim for punitive damages.
Department of Transportation Dump Truck Driver Causes Fatal Accident
and Pleads Guilty to Minor Violation
A Department of Transportation dump truck driver made an unsafe, illegal u-turn and ran into a car carrying a mother and her child. The mother died and the 5-year-old child was severely injured. The woman’s husband had “asked for serious charges, saying it was needed to set an example of the consequences of reckless driving.”
Instead of a more serious charge, the dump truck driver was allowed to plead guilty to a minor violation for moving a vehicle unsafely. There will be no opportunity for a criminal charge and eventual sentencing to deter others from similar behavior.
As with the case above, it is in civil court, where the family can seek compensatory and punitive damages, where justice will have to occur.
If you or a loved one has been in an accident with a dump truck, I have experience litigating these cases and representing accident victims and their families throughout the United States. To contact me, call 1-888-377-8900 (toll free) or submit our firm’s free consultation form.
Resources: 1. http://www2.nbc17.com/news/cumberland-county/2012/feb/13/nbc-17-investigates-construction-company-cited-spe-ar-1925842/
2. http://www.pennlive.com/midstate/index.ssf/2012/02/driver_gets_ticket_in_fatal_cr.html
Cobalt Poisoning from a DePuy Artificial Hip
Cobalt Poisoning? Contact Attorney David Szerlag Here.
Attorney David Szerlag is urging DePuy hip patients to contact him before it is too late to file a lawsuit.
Attorney David Szerlag of our law firm is one of our lead attorneys for our cobalt poisoning cases. He and our litigation team have filed lawsuits on behalf of clients who got cobalt poisoning from a DePuy ASR™ XL Acetabular System artificial hip. They are also investigating possible cobalt poisoning from other manufacturers of metal-on-metal artificial hips.
Cobalt poisoning from an artificial hip is possible because the metal-on-metal hip replacements have a cobalt alloy in them. When the metal parts rub together, small particles of cobalt (and chromium) can come off. The build up of cobalt can cause cobalt poisoning, also referred to as cobalt toxicity.
Many DePuy ASR hip patients have had hip revision surgery to replace the DePuy hip with another artificial hip, and many more patients need to have this done. What we are finding is that patients who wait too long to have revision surgery done may be harmed both physically and legally. The physical harm is due to the increased harm to the body as the cobalt levels rise. If patients wait too long, they may have permanent damage, including vision loss, hearing loss and necrosis (death) of the tissue around the implant.
Legally, patients have a limited amount of time to pursue a lawsuit against DePuy Orthaepedics, Inc. and others. Since the DePuy ASR hips were recalled in 2010, many lawsuits have been filed. You need to contact Attorney David Szerlag for a free consultation before it is too late.
If you have any of the symptoms below, you need to contact our law firm:
Pain (by the time there is pain, tissue may already be dead)
Visual impairment (in some cases, blindness)
Cardiomyopathy (possible heart failure)
Cognitive impairment (memory loss, slow cognition)
Hearing loss (tinnitus, deafness)
Diminished coordination
Hypothyroidism
Headaches
Irritability
Anxiety
Rashes
Hip creaking
Hand tremor
Lack of energy (listlessness)
Campylobacteriosis Outbreak Linked to Family Cow Raw Milk by PFGE: Victims in PA, MD, WV and NJ
Raw milk from Your Family Cow dairy in Chambersburg, P.A. is now linked to 76 cases of campylobacteriosis in 4 states: Pennsylvania (66), Maryland (5), West Virginia (3), and New Jersey (2).
Pennsylvania Counties: Franklin 18, Adams 1, Wyoming 1, Chester 6 (increase by 1 from yesterday), Dauphin 2, Cumberland 6, York 7 (increase by 2 from yesterday), Lancaster 8, Delaware 6 (increase by 1 from yesterday), Bucks 6, Allegheny 1, Montgomery 3, and Northampton 1.
What does it mean that Family Cow raw milk is “linked” to the outbreak?
Attorney Fred Pritzker represents Campylobacter victims nationwide. He will be debating raw milk issues at Harvard Law School in February.
Most people are not aware that every foodborne outbreak (in this case one involving Campylobacter jejuni) is caused by at least one genetically unique subtype of the pathogen. The genetic fingerprint of the pathogen involved in the outbreak is found using a process called pulsed-field gel electrophoresis (PFGE). In the case of an outbreak of campylobacteriosis, only people who have been infected with the outbreak subtype of Campylobacter are part of the outbreak. If a food item is found that contains the outbreak subtype of the pathogen, that food is genetically “linked” to the illnesses and considered the source of the outbreak.
In this case, the Maryland Department of Health found the outbreak subtype of Campylobacter jejuni in an unopened bottle of Family Cow raw milk. This is the “smoking gun” that linked Family Cow raw milk to the outbreak.
What legal rights do victims of this Family Cow raw milk outbreak have?
Our national Campylobacter lawyers are available for a free consultation. You can contact them HERE. In the meantime, you should not discuss your case with the owners of Your Family Cow, their attorneys or an insurance representative.
Victims of this outbreak, including the children, have the right to sue Family Cow and possibly others for compensation, which can include medical expenses, lost income, pain and suffering, and other damages. This is one of the costs of doing business.
You will not know the specific rights you have until you contact our law firm.
Pennsylvania Counties: Franklin 18, Adams 1, Wyoming 1, Chester 6 (increase by 1 from yesterday), Dauphin 2, Cumberland 6, York 7 (increase by 2 from yesterday), Lancaster 8, Delaware 6 (increase by 1 from yesterday), Bucks 6, Allegheny 1, Montgomery 3, and Northampton 1.
Lawyers Investigate Recall of Tassimo T Discs Manufactured by Kraft Due to Reports of 2nd Degree Burns
Tassimo T Disc Recall
Our product liability lawyers are investigating the recall of Maxwell House, Gevalia and Nabob T discs (manufactured by Kraft) that was issued after reports of 2nd degree burns when the T discs were used with Tassimo coffee makers. We are also investigating the Tassimo and Bosch expresso machines recall.
Click here for a free case review.Tassimo Espresso T Discs Recalled by Kraft Foods Due to Burn Hazard
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Name of Product: Tassimo espresso T Discs [Pritzker Law Note: These T discs manufactured by Kraft Foods were sold under the Maxwell House, Gevalia and Nabob brands.]
Units: About 2.1 million packages in the United States and an additional 1.9 million in Canada
Manufacturer: Kraft Foods Global Inc., of Northfield, Ill.
Hazard: The recalled espresso T Discs can become clogged and spray hot liquid and coffee grounds onto consumers and bystanders during or after brewing, posing a burn hazard.
Incidents/Injuries: There have been 21 reports of incidents of hot liquid and/or coffee grounds spraying onto consumers and bystanders, including four reports of second-degree burn injuries. One injury involved 2-year-old girl from Canada who received second-degree burns to her face.
Description: This recall involves Gevalia, Maxwell House and Nabob brand espresso T Discs. The T Discs are plastic discs filled with coffee that are inserted into Tassimo coffee makers [manufactured by BHS Home Appliances Corp. of Irvine, California] to brew single cups of hot espresso drinks. They were sold in packages of eight or 16 espresso T Discs. T Discs with codes ending with 11213 through 12020 are included in this recall. The code is printed on the T Disc’s foil lid and on the side of the package.
Recalled T Discs Gevalia Maxwell House Nabob Codes ending with Espresso Espresso Espresso 11213 through 12020 Espresso Decaffeinated Café Collection Cappuccino Cappuccino Cappuccino Café Collection Crème Cappuccino Decaf Cappuccino Cappuccino Decaffeinated Café Collection Skinny Cappuccino Latte Skinny Cappuccino Café Collection Latte Skinny Latte Latte Café Collection Crème Latte Caramel Latte Macchiato Café Collection Caramel Latte Macchiato Mocha Peppermint Mocha No other T Discs are included in this recall.
Sold by: Department, mass merchandise, home improvement and other stores nationwide and on various websites, including www.tassimodirect.com, from August 2011 through February 2012 for between $8 and $11 per package.
Manufactured in: United States
Remedy: Consumers should stop using the recalled espresso T Discs immediately and contact the firm for a full refund.
Recall of Tassimo and Bosch Expresso Machines after 37 2nd Degree Burn Injuries
Why did it take 37 burn injuries, including one of a 10-year-old Minnesota girl on her face and neck, before a recall of a Tassimo expresso machine and T discs that had burst?
As product liability attorneys, we deal with situations like this all of the time. Under the current law, many products can’t be recalled by the federal government. Instead, the manufacturer or distributor has to voluntarily recall the product. This is an outrage. What makes this worse is that safety testing is not required for many consumer products. So companies can put a dangerous or defective product on the market, receive reports of serious injury and death for years, and never issue a recall.
Tassimo and Bosch Expresso Machines Recalled after 37 People Report 2nd Degree Burns
In this case, recalls were issued by Kraft (manufacturer of T discs) and BHS Home Appliance (manufacturer of the expresso machines sold under the Tassimo and Bosch brands). But again, why did it take 37 reports of 2nd degree burns for that to happen? Why did a 10-year-old girl have to be burned on the face and neck, scarred for life, before action was taken?
Attorney Fred Pritzker and our other burn lawyers are advocating for a change in the law and accountability at both the corporate and federal agency levels. You should contact Fred and his litigation team for a free consultation regarding a lawsuit against Kraft and BHS Home Appliance HERE. Our law firm files lawsuits on behalf of injured people and their families to make sure victims are compensated and wrongdoers are held accountable.
Tassimo and Bosch Expresso Recall Information
Below is Tassimo and Bosch expresso recall information from the U.S. Consumer Product Safety Commission (CPSC) with our comments:
Name of Product: Tassimo Single-Cup Brewers [sold under the Tassimo and Bosch brands].
Units: About 835,000 in the United States and an additional 900,000 in Canada [Pritzker Law Note: Evidence will need to be obtained regarding when the first burn injury report was received by BHS and/or Kraft and how many of these expresso machines were sold after that. The only way to get a lot of this information is by filing a lawsuit and doing discovery (the legal term for digging for evidence).]
Manufacturer: BSH Home Appliances Corp., of Irvine, Calif.
Hazard: The plastic disc, or T Disc, that holds the coffee or tea can burst and spray hot liquid and coffee grounds or tea leaves onto consumers using the brewer and onto bystanders, posing a burn hazard. [These T discs were manufactured by Kraft and sold under the following brands: Maxwell House, Gevalia and Nabob. 4 million T discs were recalled by Kraft.]
Incidents/Injuries: There have been 140 reports of incidents with the brewers spraying hot liquid, coffee grounds or tea leaves onto consumers, including 37 reports of second-degree burn injuries. One incident involved a 10-year-old girl from Minnesota who received second-degree burns to her face and neck and had to be hospitalized.
Description: This recall involves Tassimo brewers with the Bosch brand name and Tassimo Professional brewers. The brewers use plastic T Discs that are filled with coffee or tea to brew hot drinks. “BOSCH” and “TASSIMO” are printed on the front of the brewers. “TASSIMO PROFESSIONAL” is printed on the front of the professional model. The Bosch-brand brewers were sold in black, white, anthracite, gray, silver, red, titanium and white/gray colors. The Tassimo Professional brewers were only sold in black. The following model numbers and date codes are included in this recall. The model number and date code are located on the bottom of the brewer. No other Tassimo brewer is included in this recall.
Brand Model Numbers That Begin With: Date Codes Beginning with FD and Within the Range of: Bosch® TAS100 FD 8806 through 9109 TAS200 TAS451 TAS46 TAS651 Tassimo Professional TAS6512CUL FD 8905 through 9109 Sold at: Department, mass merchandise and home improvement stores nationwide and on various websites, including www.tassimodirect.com, from June 2008 through February 2012 for between $100 and $250. The Tassimo Professional model was sold directly to hotels and food service providers and they are being contacted directly.
Manufactured in: Slovenia and China
Remedy: Consumers should immediately stop using the recalled Tassimo brewers and contact the firm to order a free replacement T Disc holder for the brewing mechanism.
Contact our law firm HERE for a free consultation with an attorney.
