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Volkswagen AG has taken another step towards rebuilding relationships with its customers after the Environmental Protection Agency (EPA) discovered the company cheated on vehicle emissions tests.  In September, Volkswagen confessed to installing software in its U.S. vehicles that identified when the vehicles were being tested, thereby altering the car’s performance accordingly to improve test results.  This resulted in the vehicles emitting 40 times the legal amount of pollution.  The consequential settlement includes almost 500,000 U.S. customers and government regulators and is valued at $4.7 billion.  The recent accomplishment by VW in the settlement includes preliminary approval for VW to buy back up to 475,000 vehicles from its customers with diesel engines.  U.S. District Judge Charles Breyer also set a date for potential final approval on October 18 in San Francisco.  The preliminary approval that has just been granted allows owners of 2.0 liter diesel-powered Volkswagen vehicles to determine how much money they are eligible to receive by going online a website.  Announced in June, the settlement is the largest automotive buyback in U.S. history, as well as the most expensive scandal rooted in the auto industry.  The future buybacks, potential vehicle repairs, and financial dues to government agencies account for $10 billion of the total settlement value.

Volkswagen has been working with regulators to establish various solutions to the emission problem, all which must be approved.  Two already discussed solutions are software renovations and the installation of new catalytic converters.  These fixes only apply to the 2.0-liter models, but VW is in the process of developing a proposal to fix 85,000 3.0-liter vehicles.  This comes after an initial proposal was rejected by the California Air Resources Board said a Justice Department lawyer.  This initial proposal included VW and Audi vehicle model years 2009-2016 but was deemed “insufficient” to adequately fix the emission problems.  Since the rejection, VW has been conversing with regulators about an improved proposal said Joshua Van Eaton, a Justice Department lawyer.  Breyer is hoping for updates on the solutions for 3.0 liter vehicles during an August 25 hearing.  Continue reading

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Anyone who owns a motorcycle in Massachusetts will tell you his or her favorite season is summer.  The warm temperatures and sunny skies are the ideal climate for passionate motorcycle riders.  Even more motorcycle riders are out and about these days.  According to the Motorcycle Industry Council, sales of new motorcycles have been up more than 8 percent through the first quarter.  However, motorcycles are also notoriously dangerous vehicles.  In 2014, 4,586 people died and 92,000 people were injured in motorcycle crashes according to the National Highway Traffic Safety Administration.  Noticing the sales growth and hoping to learn how to increase motorcycle safety, Progressive Insurance analyzed data acquired from its motorcycle claims data from 2014 to see what information could be used.  From Progressive’s data from 2014, the insurance company discovered:

  • Four of the top 10 days that experienced the most claims for customers occurred in June.
  • Most motorcycle accidents occur in the summer months with Saturdays being the most dangerous day to ride.
  • July experienced 78 percent more claims on average than any other month in the year
  • In 2014, Progressive had more single-vehicle motorcycle claims than the next three most common claims collectively, those being rear-end accidents, intersection accidents, and stolen motorcycles.

Although motorcycle riders should be vigilant while driving all the time, Scott Hall, Progressive’s motorcycle product manager, urged for even more attentiveness in the summer months.  Most accidents involving motorcycles are single-vehicle accidents, meaning the only vehicle involved is the motorcycle.  Hall linked the effect winter can have on roads, especially in northern cities with harsher winters, saying winters can be “absolutely brutal on roadways across the country, so looking ahead for potholes and leaving plenty of room between you and the vehicle in front of you will help avoid accidents.” Continue reading

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The Center for Disease Control reported 4.5 million dog bites in the United States between 2001 and 2003.  Annually, over 350,000 people visit the emergency room and 850,000 people need some sort of medical attention as a result of dog bites.  The losses from the injuries total over $1 billion every year.  Though there are millions of dog bites annually, only 15,000 to 16,000 of these victims receive compensation from homeowners insurance and renters insurance companies every year.  The average insurance payment for a dog bite case is just under $30,000.  If you are have been bitten by a dog or are the owner of a dog, you need to be aware of liability laws particular to your state and the compensation that you may be entitled to.

There are several laws in Massachusetts that are relevant to dog bite lawsuits.  First is the statute of limitations for filing personal injury lawsuits.  In Massachusetts, the statue of limitations is three years.  This means, a person has three years from the date of their injury to file a personal injury lawsuit.  This statute of limitations must be adhered to if you wish to bring your case to court.  If you fail to file before the three-year deadline, you will likely not be able to bring your case to trial.  In addition to the general statute of limitations, Massachusetts has a specific statute regarding dog bite injuries.  The law can be found in Chapter 140, Section 155 of the Massachusetts General Laws.  This statute states the liability dog owners have.  According to this statute, a dog’s “owner or keeper” is liable if the dog causes personal injury or property damage, and the injured person was not trespassing, committing another tort, or provoking the dog.  This liability not only applies to dog bites, but also to any injury caused by a dog.  For example, if while you are walking down the street, a neighbor’s dog runs up and jumps on you, causing you to fall over and sustain an injury, the owner can be found liable.  Note the law applies to property damage as well, including damage to livestock or damage from a dog chewing on other people’s belongings.

The way dog bite cases are handled differs depending on the state.  Most states are considered either “negligence” or “strict liability” states.  Massachusetts is a “strict liability” dog bite state.  This means that dog owners are still held liable for bites and damage caused by their dogs even if the owner had no knowledge that the dog would cause injury or property damage.  The victim does not need to prove the owner of the dog is at fault for the injury or damage under this law.  Again, this law does not only apply to dog bites, but any injury sustained or damage to property.

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Meconium aspiration syndrome (MAS) is a condition that newborn babies experience after they have breathed (aspirated) meconium into their lungs during or shortly before birth.  Meconium is dark green, sterile fecal matter that is found in the intestine before birth, distinct from stool because it does not contain bacteria.  MAS is a leading cause of severe illness and death in newborns, affecting 5 percent to 10 percent of newborns.  It is especially common when the fetus is under stress, often during labor, and can be exacerbated when the infant is past its due date.  Typically, the meconium is not released in the womb, but intrauterine distress can motivate the fetus to expel the fecal matter under certain conditions present at birth, such as inadequate oxygen in the blood.  This same stress may also cause the fetus to forcefully gasp, thereby inhaling the recently expelled meconium.

Symptoms of meconium aspiration syndrome include: bluish skin color in the newborn; breathing issues; dark, greenish staining or streaking of the amniotic fluid or the obvious presence of meconium in the amniotic fluid; limpness in the newborn at birth.  There are several ways to diagnose MAS.  Before birth, MAS may cause a slow heart rate, which can be detected by a fetal monitor.  At birth, meconium can be found in the amniotic fluid.  The most accurate test for MAS is using a laryngoscope to look for meconium stains on the vocal cords of the infant.  Abnormal breathing sounds, specifically coarse and crackly breathing, can point to MAS.  MAS is also characterized by low blood acidity, decreased oxygen and increased carbon dioxide in the blood.  A chest X-ray may also be used to look for patchy or streaky areas in the lungs.

A newborn’s mouth should always be suctioned once the head is out, which can help prevent MAS.  However, once MAS is diagnosed, there are other treatments available.  Such treatments include, antibiotics for infection; breathing machine to keep the lungs inflated; using a warmer to keep the infant at a normal body temperature; and tapping the chest to loosen secretions.  Typically, the prognosis for infants who experience meconium aspiration syndrome is excellent.  MAS is usually quickly treated and there are no long-term side effects.  Some infants may experience breathing problems for two to four days, but these quickly subside.  Although rare, more severe cases may cause long-term respiratory or developmental problems.  In such severe cases, meconium aspiration syndrome can deprive the brain of oxygen, causing permanent brain damage.  This can lead to the development of cerebral palsy, developmental disabilities, physical disabilities, or mental retardation. Continue reading

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There were 4,735 pedestrian deaths from traffic crashes in the United States in 2013.  On average, this comes to one crash-related pedestrian fatality every 2 hours.  Excluding fatalities, there were 150,000 pedestrians who required medical attention after being injured in traffic crashes in 2013.  There are certain risk factors that contribute to these numerous pedestrian deaths resulting from traffic accidents.  Being a child or an older adult puts you at a greater risk of being a pedestrian injured in a car accident.  Older adults, ages 65 and older, make up 19 percent of all pedestrian deaths and about 10 percent of pedestrians injured in 2013.  Also looking at data from 2013, 20 percent of children under the age of 14 who were killed in traffic accidents were pedestrians.  Another risk factor, which is not surprising, is alcohol.  Alcohol was involved in almost half of traffic crashes in which there was a pedestrian death, including alcohol consumption by drivers and by pedestrians.  In the cases where alcohol was consumed, 34 percent of fatal crashes involved a pedestrian who had a blood alcohol concentration (BAC) above or at the legal limit and 15 percent involved motorists with a BAC above or at the legal limit.  Speed is also a risk factor.  As vehicle speed increases, the probability of a pedestrian being hit also increases, and the severity of the injury worsens.  It has been found that most pedestrian deaths transpire in urban, non-intersection areas when it is dark out.

It is essential that both motorists and pedestrians exercise reasonable care while traveling on or near the roads.  Although in many situations, the negligent party may seem obvious, courts assess several factors when determining negligence.  Motorists are required by law to exercise reasonable care while driving.  Operating without reasonable care is considered negligence.  Motorists who are found negligent may owe damages for personal and property damages that resulted from their negligence.  Several common factors that have been deemed negligent are distracted driving, speeding, not yielding for pedestrians who have the right of way, violating traffic signs or signals, failing to signal when completing a turn, ignoring weather or traffic conditions, and operating while using drugs or alcohol.  Drivers also have a special duty of care in regards to children.  In areas such as school zones, parks, and thickly settled residential areas where children are likely to be found, drivers need to exercise even greater caution than they usually would.

However, it is not only the responsibility of the motorist to act carefully while driving.  Pedestrians must also act with reasonable care to protect their own safety.  Pedestrians can be found to have acted in contributory negligence if they did not exercise reasonable care, which may have contributed to their sustaining of their injuries.  Some common actions by pedestrians that are negligent include not waiting for the signal to walk at intersections, entering traffic and unnecessarily disrupting it, jaywalking instead of utilizing crosswalks, and darting in front of vehicles.  Continue reading

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In recent years, the National Football League and the National Hockey League have faced very public litigation regarding head injuries sustained by the professional athletes in each respective sport.  However, the World Wrestling Entertainment Inc. (WWE) is now involved in its own series of lawsuits with plaintiffs claiming brain injuries.  Jimmy “Superfly” Snuka and numerous other former wrestlers are suing WWE claiming the business concealed the long-term effects caused by brain injuries sustained in and out of the ring.  Specifically, plaintiffs are alleging the WWE failed to care for their recurrent head injuries “in any medically competent or meaningful manner,” as well as for hiding the long-term effects that such injuries could cause.  The complaint was filed in federal court on Monday in New Haven, Connecticut and stated that WWE “placed corporate gain over its wrestlers’ health, safety and financial security, choosing to leave the plaintiffs severely injured and with no recourse to treat their damaged minds and bodies.”  WWE made a statement stating its confidence that the case will be dismissed.  “This is another ridiculous attempt by the same attorney who has previously filed class action lawsuits against WWE, both of which have been dismissed,” WWE said.  “A federal judge has already found that this lawyer made patently false allegations about WWE, and this is more of the same.”

WWE matches are unlike most other sports.  As the suit notes, these matches involve moves that are “scripted, controlled, directed and choreographed” by WWE.  The head injuries sustained by many of the wrestlers are a direct consequence of such moves.  Two moves in particular that are particularly risky for head injuries are the “body slam” and the “piledriver.”  In a “body slam” one wrestler picks up the other and literally slams him into the ground.  A “piledriver” was a common move in the past but has been banned in most cases and involves one wrestler turning the other upside down so that he can drop him head first to the mat.  The wrestlers who are suing the corporation are claiming it consciously disregarded and concealed “medically important and possibly lifesaving information” about neurological conditions, Chronic Traumatic Encephalopathy for example, that most often appear in athletes who participate in contact sports where head trauma is frequent.  In the suit, the wrestlers claim “the WWE knows that its wrestlers including the plaintiffs are at great risk for these diseases such as CTE that can result in suicide, drug abuse and violent behavior that pose a danger to not only the athletes themselves but their families and community, yet the WWE does nothing to warn, educate or provide treatment to them.”  Because the wrestlers are independent contractors, rather than employees, they don’t have the normal medical benefits that other people and athletes have, says Daniel Wallach.  He goes on saying, “They completely fall through the safety net. They’re in worse shape than retired professional football players or retired hockey players. They’re the most disposable athletes in the sports and entertainment business.”  Continue reading

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Earlier this month, Star Trek actor Anton Yelchin was killed when his 2015 Jeep Grand Cherokee pinned him between a fence and a mailbox pillar. The accident is being blamed on a confusing gear shifter in the vehicle. In response to Yelchin’s accident, the National Highway Traffic Safety Administration conducted an investigation into the gear shifters on Fiat Chrysler vehicles and found a total of 266 crashes, injuring 68 people. Since the investigation, Fiat Chrysler has recalled 1.1 million vehicles. Contact a Boston Defective Products Lawyer Today.

In addition to the 266 crashes, investigators also found 686 shifter-related complaints and negative customer feedback that began almost immediately following the release of the vehicles. According to the agency, Fiat Chrysler also appears to have violated standard design guidelines with the shifters.

So, What’s the Trouble with the Gear Shifters?

On Yelchin’s Jeep and others like it, it is difficult for drivers to determine if the vehicle is in “park” once they have stopped. There are several reports of vehicles rolling off once the driver exited. In newer models, a warning chime goes off and an alert message is displayed if the driver’s door is opened while the car is not in park. In a recently released statement, Fiat Chrysler urged customers to use parking brakes as an added precaution. In fact, the manufacturer mailed out letters with these instructions on May 14. Whether or not Yelchin received such a letter is not known

Too Little, Too Late

Since Yelchin’s death, Fiat Chrysler has stepped up its efforts to prevent future accidents. Beginning on June 24, the company began sending letters to owners advising them to make an appointment for service as soon as possible. Dealers will be able to resolve the dangerous design flaw by loading a new software into recalled vehicles. This software will automatically shift the vehicles into park when the driver’s door opens while the engine is running. The updates will fix 3.6-liter and 5.7 liter engine vehicles, which account for the majority of the recalls. Fiat Chrysler assures us that a fix for the remaining vehicles will be available soon. Continue reading

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The Foreign Corrupt Practices Act (FCPA) was enacted in 1977 and is the most widely enforced anti-corruption law in the United States.  The Act was passed in response to the discovery of widespread corruption of foreign officials by companies based in the United States.  Within the FCPA, there are two main provisions: the anti-bribery component and the accounting component.  The anti-bribery clauses prohibit bribery to foreign officials in order to gain new business or keep existing business.  The accounting clauses require issuers to keep up to date and accurate records thereby maintaining secure internal accounting controls.  The FCPA applies to two distinct groups, those with formal relations to the United States and those who participate in violating the FCPA within territory of the United States.  Outside U.S. territory, “issuers” and “domestic concerns” must also adhere to the FCPA.  An “issuer” is a person or company that has securities within the U.S. or is required to occasionally file reports with the SEC.  “Domestic concerns” include anyone who is a citizen, national, or resident of the United States, as well as businesses that are based in the U.S. or a territory, possession, or commonwealth of the U.S.  The FCPA is enforced by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ).

The FCPA prohibits five “elements” which the government must prove a person or organization guilty of in order to show FCPA violation.   These elements are 1) a payment, offer authorization, or promise to pay money or anything of value; 2) to a foreign government official (including a party official or manager of a state-owned concern), or to any other person, knowing that the payment or promise will be passed on to a foreign official; 3) with corrupt motive; 4) for the purpose of (a) influencing any act or decision of that person, (b) inducing such person to do or omit any action in violation of his lawful duty, (c) securing an improper advantage, or (d) inducing such person to use his influence to affect an official act or decision; 5) in order to assist in obtaining or retaining business for or with, or directing any business to, any person.  Persons or organizations found guilty of all five elements may be have to answer to criminal charges by the DOJ, resulting in prison time or fines.  The SEC can add further penalties of up to $500,000 on top of any punishment decided upon by the DOJ.  One point to note is that a bribe does not need to actually be paid in order to violate the FCPA, just the promise or offer of a bribe violates the Act.  Additionally, the individual making or approving the payment must have a “corrupt intent” meaning the payment would influence the beneficiary to exploit his official position to direct business unlawfully to the payer or someone else.  The FCPA specifies that the recipient of the payment only extends to “a foreign official, a foreign political party or party official, or any candidate for foreign political office” in terms of violating the Act.

In recent years, the SEC and the DOJ have participated in an increasing rate of enforcement actions regarding violations of the Foreign Corrupt Practices Act.  More and more cases are surfacing of violations of the FCPA.  This makes it essential for attorneys of insurers and insureds are familiar with the Act so that they may be able to most effectively defend their clients.

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In response to the second duck boat-pedestrian collision in Boston this year, Boston Duck Tours will begin following new legislative requirements to prevent further deaths. Earlier this year, 28-year-old Allison Warmuth was killed when she was struck by one of the amphibious vehicles. And just last week, a pedestrian was hit by a duck boat on Newbury street, suffering non-fatal injuries.

Boston Duck Tours has voluntarily agreed to institute new requirements to prevent future accidents. These requirements include adding a second employee on board the tour. In previous years, the driver and tour narrator were one in the same. And this will remain unchanged until new legislation is implemented. With a non-driving narrator on board, the driver will be able to focus on what’s important, the road. In addition, the tour company will also add proximity sensors and cameras to each vehicle. Sensors will indicate when the vehicle is getting too close to another object, including other vehicles, cyclists, and pedestrians.

Just last month, state legislators proposed multiple new regulations for duck boats, including those mentioned above. “We are eager to move forward with this new staffing plan,” said Boston Duck Tours CEO Cindy Brown. “There is a lot of work to do. Boston is our home; we recognize what a privilege it is to serve residents and visitors and it has always been our commitment to do so utilizing best-in-class safety practices. This can only complement BDT’s current strong safety practices.”

Recruiting and Training New Employees Takes Time and Work

Although Boston Duck Tours is committed to the new regulations, the company admits that it won’t be easy. In a recent press release, the tour group emphasized the time and effort necessary to adequately train new staff. “This will take place through the remainder of this season, which ends in November, and will continue into the off season. The new employees will be in place at the start of the 2017 season next March,” stated the company in the release. So, while the company intends to make its tours much safer, the added safety measures won’t actually be put into effect until the start of next season. Continue reading

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There are many theories about the rise in fatal motor vehicle accidents in the US; texting, talking on cellphones, and reckless driving to name a few. Recent accidents are even being blamed on the new game Pokemon Go. But according to Dr. Mark Rosekind, Administrator for the National Highway Traffic Safety Administration (NHTSA), the increase in fatal accidents has more to do with an increase in miles driven. The NHTSA reports that approximately 3,200 people were killed in auto accidents in 2015, up 7.7 percent from 2014. Contact a Boston Motor Vehicle Accident Lawyer Today.

Reports show that 2015 was the deadliest year on American roadways since 2008. If our cars are constantly getting safer, why are deadly accidents skyrocketing? The reason may surprise you.

Low Gas Prices Play a Role, But So Does Driver Behavior

Cheap gas may be to blame for the rise in fatal car, truck, and motorcycle accidents. “As the economy has improved and gas prices have fallen, more Americans are driving more miles,” said Rosekind. However, he also pointed out that driver reaction plays a major role in the outcome of crashes. “Ninety-four percent of crashes can be tied back to a human choice or error,” Rosekind continued, “so we know we need to focus our efforts on improving human behavior while promoting vehicle technology that not only protects people in crashes, but helps prevent crashes in the first place.”

The steep decline in gas prices in 2015 resulted in more people on the road for longer periods of time. Combined with driver error, reckless driving, distracted driving, and negligence, this surge of vehicles on the road has had devastating consequences. Fortunately, we don’t need to raise gas prices and take cars off the road to reduce fatal auto accidents. What does need to happen, however, is improved driver safety education. This is especially true for young drivers.

Young Drivers Most at Risk

The age group most impacted by the increase in fatal accidents was drivers between the ages of 15 and 20. In fact, this group’s rate of fatality rose by 10 percent in 2015. But before we jump to conclusions and accuse all young people of texting and playing Pokemon Go, the surge in traffic fatalities in this age group has more to do with lack of skill. Compared to long-term drivers, new drivers simply don’t have the experience necessary to react in urgent situations. For this reason, it’s important to monitor driving habits of young people. You can help by limiting the number of passengers in your teen’s car, keeping teens off busy roadways as much as possible, telling young drivers to always keep their cell phone in the glove compartment when driving, and reminding them to obey the speed limit, avoid driving in inclement weather, and to always wear a seatbelt.

And it’s not just motor vehicle drivers and passengers who are involved in these fatal crashes. According to the NHTSA, there was a 10 percent increase in pedestrian fatalities and a 13 percent spike in cyclist fatalities in 2015. The bottom line – drivers have to keep their eyes on the road at all times, and they shouldn’t limit that focus to just other cars and trucks. Continue reading

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