Toyota Recall Collisions - Now Evaluating Cases

by Dino Colombo 20. February 2010 17:39

The acceleration and braking defects on Toyota vehicles have been blamed for numerous collisions over the past two years. Several people have been killed as a result of crashes caused by these defects.

 

My firm is currently investigating cases involving injuries or deaths resulting from the faulty accelerators and breaking systems. If you or a family member has been involved in a wreck with one of the recalled vehicles, please contact my office today to discuss your case.

 

From Toyota.com:

Which models are involved in the sticking accelerator pedal recall/stop sale?
Toyota's accelerator pedal recall and suspension of sales is confined to the following Toyota Division vehicles:

• Certain 2009-2010 RAV4*,
• Certain 2009-2010 Corolla*,
• 2009-2010 Matrix,
• 2005-2010 Avalon,
• Certain 2007-2010 Camry*,
• Certain 2010 Highlander*,
• 2007-2010 Tundra,
• 2008-2010 Sequoia

*Highlander hybrids and Camry hybrids are not involved in this action and will remain for sale. Further, Camry, RAV 4, Corolla and Highlander vehicles with VINs that begin with "J" are not involved.

Which models are involved in faulty ABS breaking system?

This recall involves approximately 133,000 2010 model year Prius vehicles and 14,550 Lexus Division 2010 HS 250h vehicles.

If you have not been injured but drive one of the recalled vehicles, please immediately contact your local Toyota dealership to discuss repairs or replacement vehicles. If you have been injured, you want an attorney who can help you get the medical care you need and fight to get you the money you deserve for your injuries.

If you or someone you know has been involved in an accident related to the Toyota Recalls, contact the Morgantown Car Accident Lawyers of Colombo & Stuhr PLLC at 800-860-1414.

West Virginia Lawmakers Revisiting Texting Ban

by Dino Colombo 31. January 2010 20:37

The Department of Transportation says that in 2008 more than 5,800 people, or 16 percent of all highway fatalities across the nation, died in a distracted-driving accident, and that 515,000 were injured. Perhaps it is this kind of information that has caused 23 states to debate bans on texting while driving — 19 already have laws in place.

Bills were introduced in both the House and the Senate last week that would ban texting while operating a motor vehicle in West Virginia. The House bill would impose a $25 fine, but the Senate bill has a little more teeth. Under that proposed bill, the fine would be $100 and offending drivers would have three points added to their license. Both bills make texting while driving a secondary offense, meaning an officer could not stop a driver for that particular offense. But if a driver is pulled over for some other moving violation, they could be cited for texting.

Accidents can happen in an instant. You might look down to change the station on your radio. You might be reaching for a ringing cell phone. You might be taking a sip of coffee on the commute to work. But taking your eyes off the road for just a few seconds could be costly. And the currency could be lives.

And if those scenarios take the attention of a driver for a second or two, imagine how long of a distraction texting a message could be be. Some studies show that the effect of texting on the brain reduces the ability to safely operate a vehicle by 37 percent — as much as the legal limit of blood alcohol content. There’s no message on Earth so important that a driver should risk damage to property or lives to send it. Perhaps only the threat of a fine or points on a license would cut the frequency of distracted driving.

Leaders in Washington, D.C., want to send a message, too. Sen. Charles Schumer, D-N.Y., has introduced federal legislation that bans e-mailing or texting while driving. If the proposed legislation passes, states would risk losing 25 percent of federal highway funds if they fail to pass or enforce the measure.

Though a similar texting bill was introduced during the 2009 regular session, state lawmakers failed to pass it into law. We hope this year, lawmakers get the message — texting while driving is deadly. And it shouldn’t take the threat of losing highway funds to make this law happen.

Driving while texting (DWT) is nearly as dangerous as driving while intoxicated (DWI).  If you or someone you know has been injured or killed in a car accident involving a cell phone or text messaging, contact the Morgantown Car Accident Lawyers of Colombo & Stuhr PLLC at 800-860-1414.

Aggressive Driving Habits

by Dino Colombo 3. November 2009 14:45

My law firm has represented numerous car accident victims who have sustained life-altering injuries. We know how dangerous driving can be and how important it is to be as safe as possible. Of course, you can't completely control what happens when you're on the road, but you can take action against aggressive driving.

There are two parts to combating the effects of aggressive driving – being polite behind the wheel and backing off from aggressive drivers. According to AAA, aggressive driving can double your chances of getting into a car accident, so observing the following rules can make a big difference in everyone's safety on the road:

Being a Polite Driver

  • Don't block or drive under speed limits in passing lanes.
  • Don't fill more than one parking space.
  • Never tailgate (this is a major cause of rear-end collisions).
  • Avoid yelling out of your window.
  • Don't speed up when someone tries to merge into your lane.

Avoid Aggressive Drivers

  • Let aggressive drivers win the driving "battle" – there's no point in fighting them.
  • Don't challenge them by honking your horn, racing, or flashing your lights.
  • Avoid making eye contact.
  • Ignore gestures and don't return them.
  • Report unsafe driving to law enforcement.

And remember, you should always wear your seat belt and avoid talking and texting when you drive.

Legally Speaking

by Dino Colombo 2. September 2009 20:34

Colombo & Stuhr recently completed a 12 week video series titled "Legally Speaking" that was televised on WDTV. The series was aimed to help consumers make informed decisions regarding a variety of  legal issues.

Each week we focused on a different topic aimed to help inform the viewing public. We started off by discussing how our law firm handles cases and explained how to make informed decisions that will be financially sound . 

In week 2, the topic was "Who do you call first after an accident?" providing valuable information regarding the appropriate steps to take after a car, truck or motorcycle accident.

Week 3 covered "How cases get resolved." The discussion centered around the difference between settlements and cases that go to trial.

Next we discussed "Insurance coverage." Types of coverages, limits of liability, state minimum coverage, the uninsured and the underinsured were covered.

In week 5 we introduced our exclusive "eCase Status" system that allows us to provide near real time updates to our clients' cases 24/7 via our website.

Our website was the week 6 topic, which currently features answers to Frequently Asked Questions and other useful information that can be accessed anytime for free.

The next topic was "Medical payments coverage" on your automobile insurance policy and how it can help when you are involved in a car, truck, or motorcycle accident.

Motorcycle accidents led the discussion in week 8. We talked about how motorcycle accidents can be among the worst accidents, especially when the accident involves a car or truck.

Have you ever thought to yourself "Do I need a lawyer?" We discussed how a qualified and trusted attorney will handle your case and can help you get through your situation in the best possible way.

Week 10 we covered health insurance and medical expenses after an accident. Who pays the bills before your case is resolved?

One of the questions we get asked most often is "How much is my case worth?". We cover this topic in order for you to make a better informed decision regarding your situation. 

In the final episode, the advice given was "Hire an experienced lawyer that is looking out for your interests"


Thanks for watching!

 

Low Ball Offers From Insurance Companies

by Dino Colombo 20. May 2009 19:11

More and more we are seeing insurance companies making low ball settlement offers to people injured by motorcycle accidents, automobile accidents, and trucking accidents.  The insurance companies are counting on injured victims to take the low ball settlement offer because they are desperate for cash.  Unfortunately, this settlement strategy has worked very well for the insurance companies when dealing with an injured person who is not represented by a lawyer.

The attorneys at Colombo & Stuhr represent children and adults in Morgantown, Clarksburg, Bridgeport, Fairmont, Elkins, Buckhannon, Weston, and throughout North Central West Virginia who have been injured in car wrecks, motorcycle accidents, and trucking accidents.  We know how to handle aggressive insurance adjusters and the insurance company attorneys.  Clients know that when they hire our law firm that they are hiring a law firm that is ready, willing and able to try the most complex case.

For example, Dino Colombo recently tried a case for a client where State Farm had offered only $10,000 to settle a rear end collision type of accident.  The client had a permanent neck injury and $10,000 would just barely cover the medical expenses.  The case went to trial and a Monongalia County jury returned a verdict of over $400,000 for this client.

There is no way any attorney can guarantee a result for our client.  Also, simply because there was a significant verdict for this particular client it does not automatically mean that all cases will end this way.  However, what is important to know is that a well prepared trial attorney, who has the experience necessary to try complicated cases involving permanent spinal cord injuries or brain injury cases, is vital to a successful outcome. 

 

Does Texting While Driving Cause West Virginia Car Accidents?

by Dino Colombo 25. January 2009 21:37

Using a cell phone, and especially texting, can serve as a major distraction while operating a motor vehicle. That goes for anyone of any age. When you factor in the lack of experience behind the wheel that teens contend with, along with a cell phone, you've got a recipe for disaster — or worse, death.

Five states (California, Connecticut, New Jersey, New York and Washington) and the District of Columbia and the Virgin Islands prohibit driving while talking on hand-held cell phones.

Unconvinced of the wisdom of these bans? AAA surveyed 1,000 teen drivers ages 16-17 and found that 61 percent of the group admitted to risky driving habits. Of that 61 percent, 46 percent of the teens reported texting at the wheel and 51 percent said they talk on cell phones while driving.

A research study of 900 teens from 26 high schools nationwide done by the group Students Against Destructive Decisions and insurer Liberty Mutual Group revealed texting was ranked as the most distracting activity the group of respondents participated in while driving.

Driving is a full-time job; treating it as anything less is to risk one's own safety, as well as that of other people on the road.

Texting and driving - like drinking and driving - don't mix, even if it is to text back just a single letter. Anyone operating a motor vehicle, no matter their age, should pull over if they want to make or receive a cell phone call.

Driving while texting (DWT) is nearly as dangerous as driving while intoxicated (DWI).  If you or someone you know has been injured or killed in a car accident involving a cell phone or text messaging, contact the Morgantown Car Accident Lawyers of Colombo & Stuhr PLLC at 800-860-1414.

 

Choosing a Safe Car Part 3 - Safest Cars for 2009

by Dino Colombo 12. January 2009 01:09

Cars have gotten a lot safer in recent years, and that trend seems to have accelerated just in the past year. The Insurance Institute for Highway Safety (IIHS) released its annual list of Top Safety Picks. The big news is that 72 vehicles earned the Institute’s highest ranking this year, more than double the number of 2008 models and more than three times the number of 2007 winners.

To earn a Top Safety Pick award, a car has to  receive the Institute’s highest rating of Good in front, side, and rear crash protection, including a Good rating in an assessment of head-restraint safety; and it must offer electronic stability control.

For the first time, there is at least one vehicle in every segment Consumer Reports tests that earns a Top Safety Pick award, giving consumers the ability to find a safe car, no matter their budget or transportation needs. All Acura and Subaru models earn Top Safety Pick awards. The IIHS doesn’t test two-seat roadsters, but three four-passenger convertibles made the grade: the Saab 9-3, Volkswagen Eos, and Volvo C70.

In addition to the 72 Top Safety Picks, another 26 models earn Good front- and side-crash-test scores and offer electronic stability control, but don’t have good head-restraint designs. While rear impacts are rarely fatal, they produce a high percentage of injuries in auto accidents.

Virtually all cars now earn Good front crash scores, but not all have Good side-crash scores and rear-impact scores.

It is important when choosing a new car to also consider its dynamic performance relative to safety. Consumer Reports Safety Ratings factor insurance industry and government crash tests, when available, as well as our own dry braking, wet braking, and accident avoidance test findings. On the model overview pages at ConsumerReports.org, we provide a complete breakdown of how each tested model fares in the full range of safety evaluations.

Below are the lists of 2009 Top Safety Picks, as well as those "Also-Ran" models that lack only good seat/head restraint designs.

Large cars
Acura RL
Audi A6
Cadillac CTS
Ford Taurus
Lincoln MKS
Mercury Sable
Toyota Avalon
Volvo S80

Midsize cars
Acura TL, TSX
Audi A3, A4
BMW 3 Series sedan
Ford Fusion with optional ESC
Honda Accord sedan
Mercedes C Class
Mercury Milan with optional ESC
Saab 9-3
Subaru Legacy
Volkswagen Jetta, Passat

Midsize convertibles
Saab 9-3
Volkswagen Eos
Volvo C70

Small cars
Honda Civic sedan with optional ESC (except Si)
Mitsubishi Lancer with optional ESC
Scion xB
Subaru Impreza with optional ESC
Toyota Corolla with optional ESC
Volkswagen Rabbit 4-door

Minicar
Honda Fit with optional ESC

Minivans
Honda Odyssey
Hyundai Entourage
Kia Sedona

Large SUVs
Audi Q7
Buick Enclave
Chevrolet Traverse
GMC Acadia
Saturn Outlook

Midsize SUVs
Acura MDX, RDX
BMW X3, X5
Ford Edge, Flex, Taurus X
Honda Pilot
Hyundai Santa Fe, Veracruz
Infiniti EX35
Lincoln MKX
Mercedes M Class
Nissan Murano
Saturn Vue
Subaru Tribeca
Toyota FJ Cruiser, Highlander
Volvo XC90

Small SUVs
Ford Escape
Honda CR-V, Element
Mazda Tribute
Mercury Mariner
Mitsubishi Outlander
Nissan Rogue
Subaru Forester
Toyota RAV4
Volkswagen Tiguan

Large pickups
Ford F-150
Honda Ridgeline
Toyota Tundra

Small pickup
Toyota Tacoma

Also-Rans
These 26 vehicles earn good ratings in front- and side-crash tests. They have ESC, standard or optional. They would be 2009 Top Safety Pick winners if their seat/head restraints also earn good ratings:

Chevrolet Malibu
Chrysler Sebring, Sebring convertible, Town & Country
Dodge Avenger, Grand Caravan
Infiniti G35, M35
Kia Amanti
Lexus ES, GS, IS
Mazda CX-7, CX-9
Mitsubishi Eclipse Spyder, Endeavor
Nissan Altima, Pathfinder, Quest, Xterra
Saturn Aura
Smart Fortwo
Toyota 4Runner, Camry, Prius, Sienna

Choosing a Safe Car Part 2 - Safety Features to Insist On

by Dino Colombo 12. January 2009 01:06

I wouldn’t buy a new car without the following three safety features:

1. Electronic Stability Control (“ESC”). These systems sense loss of control systems before it gets out of hand. By sensing any kind of vehicle slippage to the left or right, they use the vehicle’s antilock brake system components and other existing systems to help the driver maintain control of the vehicle. Researchers including the government and major auto manufacturers predict dramatic reductions in the number of accidents in vehicles equipped with ESC, so much so that this is probably the most important safety innovation since seat belts. And there are plenty of these systems available. Manufacturers have been putting the systems on some cars for over a decade, so even used car purchasers can insist on this feature. I would not buy any vehicle without electronic stability control.

2. Side Curtain Airbags that Activate in Rollover. There are two kinds of side bags and both do a good job. Torso bags protect your body, and side curtain airbags protect your head. These head bags can protect you in side impacts, the kind of crash in which the occupant is closest to the striking vehicle. If a rollover sensor is used, side curtains can also protect people in rollovers by keeping them in the car. You are much safer in a rollover if you stay within the confines of a vehicle. As you could imagine, when your head sticks far out the window, your injury/death risk sky rockets.

3. Seat Belt Pretensioners. These systems snug up the seat belts when an accident is sensed, a great and smart safety feature. Pretensioners are found in many cars manufactured since the late 1990s.and some manufactured before that. They are more widely available for, and more important for, the front seats.

If you have kids, other safety features are important including the availability of LATCH systems and tether anchors to ensure the child seats can be held tight to the vehicle, and rear seat adjustable seat belt D-rings to allow belts to be properly adjusted for kids in booster seats or teens and small adults who are too big for booster seats. Look elsewhere on this website and blog for other information on child safety, an issue we will continue to cover because it is a particular passion of ours.

Choosing a Safe Car Part 1 - Resources

by Dino Colombo 12. January 2009 01:01

Friends often ask me whether the car they are thinking of buying is safe. I always refer them to these three terrific sources of car safety information:

1. WWW.SAFERCAR.GOV – This is the government’s website reporting on its safety testing of vehicles. The government doesn’t test every vehicle sold, but it tests many of them, more rigorously than in the tests the car makers are required to pass to sell the car. It rates the vehicles with a star rating system so you can compare safety from one vehicle to another. If you “drill down” deeper into the site, you can also see the raw numbers – the test scores. One caution: the star ratings only compare similarly sized cars. In frontal collisions, for instance, the tests involve crashing the vehicles into non-deformable barriers, which simulates a head-on collision with a car of the same weight. The ratings don’t factor in the fact that a heavy car is going to have an advantage over a lighter car in any such collision.

2. WWW.IIHS.ORG - Like the government, the Insurance Institute for Highway Safety crash tests some, but not all, cars in very rigorous testing. The results are reported on this very helpful website. Not only does this site give good comparisons between cars, using its own rating system, it also gives details about its tests and even allows you to watch the videos. Like the government website, the Insurance Institute site can help you identify not only safer models, but safer model years for those models, which is useful if you are shopping for a used car.

3. WWW.CONSUMERREPORTS.ORG – Consumers Union, publisher of Consumer Reports, is a great source of all sorts of information on new and used cars including safety, reliability, features, pricing, even how fun the vehicle is to drive. You can get some basic information online for free, and more information for a small subscription fee. Or, you can go to your local library and look at the annual April car edition for a wealth of information. The April issue is a great starting point for figuring out which car is right for you.

I always check all three sites when looking for a car for my family or helping friends with their car search. The sites don’t tell everything, for instance, some cars are “designed to the test” so that they perform well in safety tests but contain some other safety flaw or defect that undermines car safety. For those issues, watch this website and blog.

The Colombo & Stuhr PLLC law firm represents clients in West Virginia, including Bridgeport, Buckhannon, Clarksburg, Elkins, Fairmont, Grafton, Kingwood, Morgantown, Star City, Wheeling, and all communities of Barbour County, Braxton County, Calhoun County, Doddridge County, Gilmer County, Harrison County, Lewis County, Marion County, Preston County, Randolph County, Taylor County, Tucker County, Upshur County and Wood County.
We handle car accidents, motorcycle accidents, medical malpractice, and criminal defense.