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The US Department of Transportation says that consumers have filed complaints linking 34 car accident deaths to the acceleration defect that has prompted the automaker to recall millions of motor vehicles. While previous to Toyota’s decision to stop selling eight of its autos because of the sticking gas pedal defect there had been 21 deaths in the last 10 years linked to the acceleration issue, the NHTSA says that another nine complaints reporting another 13 fatalities and 10 injuries that have occurred in the last five years have been submitted.

One Toyota car crash involved a Harvard University professor who died after striking another auto because he was unable to control his 2005 Toyota Highlander. Two of the professor’s loved ones and the other driver also died.

In other Toyota collision news, a woman has filed a wrongful death lawsuit against the automaker. She claims that her husband died because his Prius accelerated suddenly before crashing. Just last week, Toyota recalled 437,000 hybrids (Prius, Sai, and Lexus ) over anti-lock braking system problems. That same day, the automaker recalled 7,300 Camrys over a brake defect. On February 12, Toyota recalled 8,000 Tacoma trucks (2010 model) over possibly cracked front drive shafts.

Now, the federal government says it will open a formal probe into the over 150 complaints it has received regarding the Toyota Corolla (’09 and ’10 models) and possible steering problems. One consumer reported problems with the vehicle weaving around in the lane when it reached speeds of over 60 mph. The complaint noted that this problem has already caused four near collisions.

In 2009, the Corolla was the number one selling car in the world and ranked five on the US car bestseller list.

Our Boston auto products liability lawyers are offering free case evaluations to discuss your Toyota acceleration accident case. Auto defects that cause a motorist to lose control of a vehicle can lead to catastrophic car collisions that endangers the people in the vehicle as well as those who are on the road and in other cars.

U.S. government plans formal investigation into Toyota Corolla complaints, The Washington Post, February 18, 2010
U.S. Gets Additional Complaints of Crashes of Toyotas, New York Times, February 15, 2010
Toyota Recall News Reveals Tacoma and Prius Lawsuit, Newsoxy, February 15, 2010

Related Web Resources:
Toyota Motor Corp.

Toyota, National Highway Traffic Safety Administration Continue reading

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Snow and ice on the ground are not only a danger to motorists, who must drive even more carefully to prevent their vehicles from slipping and sliding so they do not become involved in a Massachusetts motor vehicle crash, but also the ice and slush can prove a danger to people walking on sidewalks, driveways, in parking lots or on wet store floors. This it is why it is so important for cities, business owners, homeowners, and other property owners to clear ice and snow from their premises.

If a Boston slip and fall accident happens, not only is there a possibility that the victim can get seriously hurt-broken bones, hip injuries, back injuries, spinal cord injuries, neck injuries, joint injuries, and traumatic brain injuries are not uncommon-but the premise owner may find that he/she has become a defendant in a Massachusetts slip and fall lawsuit. Granted, Massachusetts landowners are not obligated to clear snow or ice that naturally accumulates on their property. However, if a defect exists that, along with the snow or ice, contributed to causing the Boston premises liability accident, the injury victim may have grounds to sue.

Slip and Fall Accidents
Property owners are not supposed to allow any hazard to remain on their property that can cause slip and fall, trip and fall, or step and fall accidents. Other offending fall accident dangers include spilled liquids or foods, floors that have been just mopped with water/cleaning liquid but have yet to dry, stairwells that lack handrails, uneven surfaces, exposed cables or power cords, item that are left on the ground, cracks on the floor, torn carpeting, loose floorboards, and inadequately lit stairwells.

A slip and fall hazard is a premises liability. If you were injured because a property owner was negligent, you have three years to file a Boston slip and fall lawsuit against the liable party.

Massachusetts slip and fall accidents can take place anywhere. It is important that you get medical help as soon as possible and that you or someone else takes photographs of the accident site while the evidence is still intact.

Snow and ice removal a matter of safety and liability, The Sun Chronicle, February 10, 2010
Related Web Resources:
Slip and Fall Accidents: Proving Fault, Nolo
Tips to reduce slipping and falling in icy and snowy conditions, Dhhs.Mo.gov Continue reading

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Robert F. Robinson and his son Mario have filed a federal lawsuit accusing two Attleboro police officers of Massachusetts police brutality. The Robinsons were arrested on July 12, 2007 in connection with a hit-and-run accident. The victim in the crash was the 13-year-old son of another cop, Detective Alex Aponte.

According to their Boston police brutality lawsuit, Detective Timothy Cook Sr. and Timothy Cook Jr., also a father and son, physically assaulted the Robinsons during the arrest. Robert Robinson was charged with leaving a crash site where personal injury is involved, aggravated assault and battery by means of a dangerous weapon, and negligent operation. Mario was charged with disorderly conduct and assault and battery on a police officer. The criminal charges against both of them were eventually dismissed.

In the Robinsons’ Boston police brutality complaint, which claims that their civil rights were violated, the plaintiffs say that Timothy Cook Jr. choked Mario and struck him on the face. Timothy Cook Sr. “menacingly” placed his weapon on a table, making Robert Robinson worry about his safety. Robert also claims that Cook Sr. shoved him against an elevator wall and made “derogatory” remarks in an attempt to spark a physical altercation.

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The family of Amity R. Kozak and the state of Massachusetts are close to reaching a wrongful death agreement over her brutal slaying at the hands of former MBTA cop Helder “Sonny” Peixoto. Kozak, 29, was fatally beaten with a claw hammer and found in Peixoto’s Florida apartment on May 30, 2007, the same day that the former cop killed himself by jumping off a high-rise condo building. The two of them had recently become romantically involved.

Peixoto, 34, relocated to Florida in March 2004. Earlier that year, he pleaded guilty to motor vehicle homicide in the death of a 79-year-old man. He was sentenced to five years probation. Peixoto’s driver’s license was suspended for 10 years, and he was ordered to perform 100 hours of community service.

In their Massachusetts wrongful death lawsuit, Kozak’s family is accusing the state of negligence for letting Peixoto move to Florida while he was on probation. They claim probation officials in Massachusetts violated an interstate agreement that required them to obtain the consent of Florida authorities before letting the former Cambridge resident move there. Their complaint contends that by letting Peixoto leave the state, probation officials neglected to follow the law, which required them to get the consent of the Malden District Court.

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The Massachusetts House passed a measure that would not only bar drivers in the state from talking on handheld phones, but also would prohibit them from texting while driving. The bill is the latest attempt by lawmakers to decrease the number of distracted driving accidents. A similar measure died in the Massachusetts Senate last year.

If these proposals become law, Massachusetts would be the 20th state, in addition to Washington DC, to ban texting while driving and the 7th state to ban handheld phones. Drivers under the age 18 would be prohibited from using any kind of cell phone when there are behind the steering wheel of a car.

The National Safety Council says that at least 1.6 million US car accidents occur every year because a motorist was talking on a cell phone or texting. While texting is even more dangerous than talking on a phone, because so many more people talk on the phone while driving it is the cause of more motor vehicle accidents. Drivers who text message cause 200,000 car crashes annually, while motorists who talk on cell phones cause 1.4 million auto collisions.

Distracted Driving Accidents
Talking on the phone and text messaging while operating a vehicle are now considered distracted driving activities that can be cited as grounds for a Boston injury lawsuit or a Massachusetts wrongful death complaint.

This latest Massachusetts measure also calls for drivers older than 75 to undergo a vision test every five years before they can renew their driver’s license. The AARP disagrees with any rules that single out elderly motorists solely based on age. However, concern has been growing in the state over the recent number of Massachusetts car accidents that have involved elderly drivers whose waning mental and sensory faculties appeared to have contributed to causing traffic collisions that injured others.

Mass. House OK’s driving safety bill, Boston.com, February 5, 2010
National Safety Council Estimates That At Least 1.6 Million Crashes Are Caused Each Year by Drivers Using Cell Phones and Texting, PR Newswire, January 12, 2010

Related Web Resources:
National Safety Council

Cell Phone Laws, Insurance Institute for Highway Safety Continue reading

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According to two new studies, many nursing home patient in the US are still being given antipsychotic drugs to regulate their problem behavior. These findings come even after the US government has attempted to curb this practice and the Food and Drug Administration issued in 2005 its “black box” warning notifying patients that may increase their risk of death when they take these powerful medications.

Although one study reports that since the warning went out there has been a 19% drop in the use of atypical antipsychotics to treat elderly dementia patients, researchers say that antipsychotics still comprised 9% of all prescription meds given to these nursing home patients in 2008. Not only are antipsychotics used to treat schizophrenia and bipolar disorder, they are also used for “off label” purposes, such as controlling problem patients’ conduct.

Dr. E. Ray Dorsey, the lead author of one of the studies and an assistant professor of neurology at the University of Rochester Medical Center, believes that most of the use that he documented was for “off label” purposes.The co-author of the second study, University of Massachusetts Medical School associate professor of medicine Becky A. Briesacher, notes that there is a disconnect between the prescribing patterns and the evidence.

Her study found that one-third of nursing home patients who are treated with antipsychotics are not suffering from psychosis or dementia. Also, elderly persons admitted to assisted living facilities with high antipsychotic prescription rates were more likely to also receive prescriptions for these meds.

While some nursing home patients benefit do benefit antipsychotic drug treatment, treating a patient with antipsychotics without proper cause can be harmful to the resident and may be grounds for the victim to file a Boston nursing home abuse lawsuit. Antipsychotics drug use can lead to serious side effects, such as seizures, severe lethargy, permanent involuntary muscle movements, and sudden death.

It is illegal for nursing home to administer antipsychotics to a resident unless the doctor has prescribed it and the patient has consented to the treatment. You can read more about these two studies in the Archives of Internal Medicine’s January 11 issue.

Antipsychotics Still Widely Used in U.S. Nursing Homes, Business Week, January 11, 2010
Compromised Care: Psychotropic drugs given to nursing home patients without cause, Chicago Tribune, October 27, 2009

Related Web Resources:
Archives of Internal Medicine

US National Institute of Mental Health
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The federal government has issued a nationwide ban that bars commercial truckers and bus drivers from text messaging while operating their vehicles. This ban goes into effect right away and any bus operators or truck drivers who are caught texting while driving are subject to a maximum $2,750 maximum penalty.

This prohibition is part of the Obama Administration’s efforts to curb distracted driving. Talking on a cell phone and texting while driving have proven particularly dangerous, and people have died in motor vehicle crashes throughout the US as a result.

Just last May 49 people were injured in a Boston MBTA trolley accident because the 24-year-old conductor was texting his girlfriend. While MBTA operators of buses, trains, and streetcars are no longer allowed to carry cell phones while on the job, among the rest of the Massachusetts driver population only school bus drivers are prohibited from talking on a cell phone while driving. Unlike a number of other US states, Massachusetts currently does not have a law banning drivers from texting or talking on handheld cell phones. However, yesterday the Joint Committee on Transportation approved a bill banning all drivers in the state from texting. It also bans drivers under 18 from talking on a cell phone. The Massachusetts Senate and House must approve the bill before it can become law.

Truck drivers who text reportedly increase their Massachusetts truck crash risk by up to 23 times. Truckers and bus drivers who text inevitably have to take their hands off the steering wheel and their eyes off the road. When this occurs, a public bus, a school bus, a tractor-trailer, a semi-truck, or an 18-wheeler truck turns into a dangerous and deadly fast-moving vehicle. Meantime, Some US Senators are calling on the US Transportation Department to extend its federal texting ban to all motorists.

It is never a good idea to text message or surf the Web while driving. In the event of a catastrophic Massachusetts motor vehicle collision, the negligent driver can become the defendant of a Boston injury case.

Mass. lawmakers propose law to ban text messaging while driving, Masslive.com, January 28, 2010
Senators urge expansion of federal ban on texting by truckers, bus drivers, StarGazette, January 26, 2010
U.S. Transportation Secretary Ray LaHood Announces Federal Ban on Texting for Commercial Truck Drivers, US Department of Transportation
MBTA: Conductor in Boston trolley crash was texting his girlfriend, Boston.com, May 8, 2009
Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association
Federal Motor Carrier Safety Association
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Shane and Danielle Lambert are suing McLean Hospital for their children’s Massachusetts wrongful deaths. Kaleigh, 5, and Shane, 4, died on January 11, 2008, when their aunt, Marcelle Thibault, carried them onto Interstate 495 where the three of them were fatally struck by two motor vehicles.

Thibault, who is Danielle’s identical twin, was mentally ill. She had received treatment for her condition at McLean Hospital. Psychiatrists at the Harvard-affiliated psychiatric facility had diagnosed the 39-year-old with bipolar disorder in 2007. After discharging her from the Belmont hospital they recommended outpatient therapy and prescribed psychotropic drugs. However, the Lamberts claim that McLean’s doctors failed to warn them that Marcelle might be a danger to herself and those close to her.

On the night of the tragic incident, four months after she was discharged from the mental hospital, Thibault arrived at the Lamberts home to pick up the kids for a sleepover. Earlier in the evening, Massachusetts State Police almost detained her for a psychiatric evaluation. She reportedly was behaving strangely on an I-495 median and she even hit a motorist who tried to help her.

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An attorney for the family of Kenneth Howe says there will be a civil rights lawsuit filed over his death. The 45-year-old man died while in police custody after he was arrested at a North Andover sobriety checkpoint on November 26.

Howe was accused of striking one state trooper and trying to flee the scene. Police arrested him after a brief pursuit and he was charged with assault and battery on a police officer.

The family’s Massachusetts injury attorney says that Howe never attempted to resist arrest. According to the driver of the pickup truck that the Worcester man was riding in, the trooper pulled Howe from the vehicle and started yelling out that she had been assaulted. 10 – 20 cops then surrounded Howe, who afterwards was unable to stand up unassisted. Police picked him up and dragged him to a cruiser.

While in the booking room at Andover State Police Barracks, Howe became unconscious. He was transported to Lawrence General Hospital where he was declared dead.

Howe’s relatives have said that the “blunt force” injuries to the chest and head that killed Howe were a result of police beating him during his arrest. This week, the Chief Medical Examiner’s office ruled that the Worcester man’s death was a homicide, with “beating” as the cause of the victim’s fatal injuries. However, the medical examiner’s office was quick to point out that it is not assigning criminal wrongdoing or blame. Final forensic and autopsy findings are still pending.

Massachusetts Police Brutality
If you believe that your loved one sustained injuries or died while in police custody because a Massachusetts police officer used excessive force when apprehending, questioning, arresting, or interrogating him/her, you should not be afraid to report the incident. Police brutality is a violation of a person’s civil rights. Even if no wrongdoing is found on the part of an officer or a police department, you may have grounds for filing a Massachusetts police brutality complaint.

Medical Examiner: Death in cop custody a homicide, Boston Herald, January 23, 2010
Man Dies In State Police Custody After Arrest, WBZ, November 27, 2009

Related Web Resources:
Office of the Chief Medical Examiner’s Office, Mass.gov
Massachusetts State Police
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Toyota Motor Corp is recalling 2.3 million vehicles over a gas pedal defect that can cause mechanism problems involving the accelerator pedal. This is the automaker’s second massive recall related to a gas pedal defect. Toyota recalled about 4.26 million autos beginning last November after four family members died because the floor mat on the driver’s side caused the gas pedal to jam down and the Lexus to accelerate to speeds of over 100 mph.

The vehicles included in this recall are the:
• Sequoia (2008 – 2010 models)
• Tundra (2007 – 2010 models)
• Highlander (2010 model)
• Camry (2007 to 2010 models)
• Avalon (2005 to 2010 models)
• Matrix (2009 to 2010 models)
• Corolla (2009 to 2010 models)
• Rav4 (2009 to 2010 models)

Toyota’s reputation for making quality, safe cars has taken a beating. The National Highway Traffic Safety Administration says that Toyota recalled more autos than any other car manufacturer in 2009. In total, the automaker recalled 4.87 million vehicles, including 110,000 Tundra pickups over worries that the vehicles’ spare tires might fall onto the road, causing a potential traffic hazard.

Now, Safety Expert Sean Kane is reportedly telling ABC News that there have been over 60 new incidents involving runaway Toyotas since the automaker announced the November recall and said it would modify the affected vehicles’s gas pedals. Over the holiday season, four people died on December 26 after their Toyota drove off the road and landed upside down in a pond. The floor mats were in the trunk, where Toyota had advised car owners to put them.

Toyota says this latest recall isn’t related to the one from last November.

Defective car parts can be a significant safety hazard that can kill and seriously injure people. Injured parties and their families can find out whether they have a Boston auto products liability complaint on their hands.

TOYOTA RECALL: Reports of Runaway Cars, ABC News, January 21, 2010
Auto recalls surge in ’09, NHTSA says, Detroit News, January 12, 2010

Related Web Resources:
Toyota Motor Corporation

Toyota may shorten gas pedals in acceleration recall, Consumer Reports, November 17, 2009 Continue reading

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