An 18-wheeler Trucker knocked over a gasoline pump around Shreveport, LA north of Haughton, spilling 150 gallons of the rig’s diesel fuel and 30 gallons of gasoline from the pump. The driver attempted to make a U-turn and struck gas pumps puncturing one of the tractor’s fuel tanks.

The 18-wheeler driver then fled the scene headed toward Interstate 20. Surveillance video gave a clear picture of the red cab, white box trailer, the name “MegaTrux” on the side and damage on the big rig driver’s side. GPS was used to locate the truck and its driver in Alabama where authorities arrested the 18-wheeler driver.

Haz-mat crews worked all morning to clean up the spill. Gasoline broke down asphalt on a nearby road and then traveled downhill into a ditch where small fish died. I handle 18-wheeler truck accidents and routinely request preservation of electronic data such as video from surrounding surveillance cameras that may capture the wreck, electronic control module or black box data, driver logs, GPS, and all electronically stored information(ESI).

More drop-side cribs implicated in the suffocation deaths of infants have been recalled.  Here is the release from the CPSC:

The U.S. Consumer Product Safety Commission (CPSC) is announcing the recall of all Generation 2 Worldwide and “ChildESIGNS” drop side cribs. CPSC is warning parents and caregivers who own these drop side cribs that infants and toddlers are at risk of serious injury or death due to strangulation and suffocation hazards presented by the cribs. CPSC staff urges parents and caregivers to stop using these cribs immediately and find an alternative, safe sleeping environment for their baby. Do not attempt to fix these cribs.

The crib’s plastic hardware can break which can cause the drop side of the crib to detach from a corner of the crib. When the drop side detaches, it creates a space into which an infant or toddler can roll and become wedged or entrapped. When a child is entrapped between the drop side and the crib mattress, it creates a risk of suffocation or strangulation. In addition, the crib’s mattress support can detach from the crib frame, creating a hazardous space in which an infant or toddler could become entrapped and suffocate or strangle.

CPSC has received reports of three infants who suffocated when they became entrapped between the crib mattress and the drop side when the drop side detached. In July 2007, an eight month old child from Newark, Ohio suffocated when he became entrapped between the drop side and the crib mattress. The drop side of his crib had detached due to a broken plastic stop tab on the lower track. In October 2003, an eight month old child from Richmond, Ind. suffocated when he became entrapped between the drop side and the crib mattress. The plastic hardware on the drop side was broken and allowed the drop side to detach from the crib headboard in one corner. In September 2002, a six month old from Staunton, Va. suffocated when he became entrapped between the drop side and crib mattress. The lower drop side track was missing two screws which allowed it to pull away from the headboard post and detach.

CPSC has also received reports of 20 other drop side incidents, 12 of which involved the drop side detaching in a corner of the crib. In two of these incidents, a child became entrapped. One child suffered bruising from the entrapment. There are five reports of children falling out of the cribs due to drop side detachment. One child suffered a broken arm as a result of the fall.

In addition, CPSC has received 8 reports of mattress support detachment in these cribs. Due to the space created by the detachment, three children became entrapped between the crib frame and the sagging mattress and four children crawled out of the crib. There was one report of cuts and bruises.

Due to the fact that Generation 2 went out of business in 2005, CPSC has limited information about the cribs. Although CPSC does not know the total number of units distributed or the years of production, it is believed that there were more than 500,000 of these cribs sold to consumers. Some of the known model numbers are: 10-110X, 10-210X, 21-110X, 20-710X, 64-315X, 26-110X, 90-257X, 20-810X, 46-715X, 64-311X, 74-315X, 21-815X, 21-810X, 20815X, 308154 and 54915. (The “X” denotes where an additional and varying number may appear at the end of the model number.) However, all Generation 2 Worldwide and “ChildESIGNS” drop side cribs are included in this recall, including those with other model numbers.

The name “Generation 2 Worldwide” appears on a label affixed to the crib’s headboard or footboard. Some labels identify the place of manufacture as Dothan, Ala. Others identify China as the country of manufacture. The name “ChildESIGNS” appears on the teething rail of some of the cribs.

The recalled cribs were sold at numerous local furniture and retail stores including Buy Buy Baby, and Kmart and Walmart stores nationwide for between $60 and $160. Consumers should contact the store from which they purchased the crib for remedy information, which will vary between a refund, replacement crib or store credit, depending on the retailer. Consumers are urged to contact CPSC and report any difficulties in obtaining a remedy from their place of purchase.

Important Message from CPSC:

CPSC would like to remind parents not to use any crib with missing, broken, or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly. Always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope.

Traffic officials closed the exit ramp on I-10 West because an 18-wheeler overturned its tractor/trailer. The closure backed up traffic coming out of Baton Rouge on the Mississippi River bridge. Why did the truck driver flip his truck? These accidents are preventable.

The flipping of a truck is usually the result of the negligence in the handling of the truck and the trailer by the driver, operating at an excessive, dangerous, and unreasonable speed under the circumstances in failing to reduce his speed in obedience to the warning signs posted on the on-ramp, and in failing to properly distribute weight on a trailer for highway travel so it would not shift or change its center upon the stress of turning sharp curves.

Louisiana police officers with the Natchitoches Police Department are investigating a two 18-wheeler collision on La. Hwy 1. One of the drivers was pronounced dead at the scene of the crash. Police are trying to determine the cause of the crash between the Tractor/Trailers. The collision occurred around 9:51 p.m. Police have stated alcohol is not considered a factor in the crash.

Here is a press release our firm just sent out on our class action lawsuit against Toyota for problems with their accleration control system:

02/05/10 – Richard J. Arsenault of Neblett, Beard & Arsenault, along with co-counsel have filed a class action lawsuit against Toyota Motor Sales and Toyota Motor Corporation in the United States District Court Southern District of New York (10 CIV 0900).

In the lawsuit, vehicle owners allege that Toyota concealed the true nature of the defect in their electronic throttle controls by initially claiming that their vehicles’ sudden acceleration problems were caused by floor mats. In doing so, the suit alleges that Toyota engaged in deceptive conduct and breached expressed warranties.
The full text of the lawsuit can be viewed as a PDF on the Web site of Neblett, Beard & Arsenault.

“Uncontrollable vehicle acceleration is obviously a very serious and potentially life threatening problem. The questions include what did Toyota know, when and why did this happen in the first place. This lawsuit seeks to compensate the many victims of both economic and physical harm,” said Arsenault, a veteran of class action and consumer protection litigation.

Arsenault claims Toyota’s misconduct has had a serious financial impact on its customers, who have seen their car values drop radically after the recalls were announced.
“Toyota has a responsibility to their customers and the motoring public to create safe, properly functioning vehicles,” said Arsenault.

The lawsuit seeks compensatory and punitive damages against Toyota. It alleges that Toyota breached implied warranties of merchantability by designing, manufacturing, distributing and selling vehicles after it became apparent they were defective.

“Understandably, Toyota owners believed that their vehicles were safe. Had they known about these problems, do you think they would have bought these cars? And now, they have to deal with confusion about whether they should even be driving these vehicles and what to do with them,” added Arsenault. “These customers should not have to bear this financial burden, especially since many are already suffering from the impacts of the current recession. Toyota needs to step up to the plate and make this right.”

USA TODAY analysis of new government data finds that one fifth of the nation’s nursing homes received poor overall ratings. On January 27th Medicare released quality rating data indicating more than a quarter million patients live in nursing homes receiving low scores. The ratings are derived from investigations, inspections, complaints and other data collected in 2008 and 2009. All states had homes with consistent poor ratings. Larry Minnix, CEO of American Association of Homes and Services for the Aging, stated “the issue is the owners have to take responsibility for the consequences” of poorly performing homes. Nearly all the homes that repeatedly received low overall rating were owned by for- profit corporations.

The newspaper analysis found the lowest rated homes had an average of 14 deficiencies per facility, including quality of life measures and safety violations. Larry Minnix also stated

 “If homes are not motivated to get better, chances are they won’t, and you’ll end up in homes in poor quality purgatory”. “There should be two types of homes: the excellent and the non-existent”.

 Before putting a love one in a nursing home, request a copy of their ratings and refuse to put them in homes with one or two star ratings. Corporate America only understands the almighty dollar and if people demand quality care or they will go elsewhere, things will change.

Toyota owners in Louisiana take note that Toyota vehicles faulty gas pedals has suspended sales and production of 8 models. Toyota announced the unprecedented sales suspension to fix gas pedals that could stick and cause acceleration without warning.

Toyota had already issued a recall for the same 8 models involving 2.3 million vehicles. Toyota said the problem comes from one U.S. supplier and does not affect models that use parts from different suppliers. The sales suspension includes the following models: 2009-2010 RAV4,Corolla, and Matrix; 2007-2010 Camry; 2005-2010 Avalon; 2010 Highlander; 2007-2010 Tundra; 2008-2010 Sequoia. Toyota is still working on the remedy.

Drivers of commercial trucks such as 18-wheelers and buses will be prohibited from texting under Federal guidelines that U.S. Secretary of Transportation Ray LaHood is issuing. “We want the drivers of big rigs and buses and those who share the roads with them to be safe,” LaHood said in a statement. “This is an important safety step, and we will be taking more to eliminate the threat of distracted driving.” The prohibition is effective immediately.

According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. FMCSA research shows drivers who text are more than 20 times more likely to get in an accident than non-distracted drivers. For states that ban texting for all drivers, see one of my older blog posts.

Two Georgia lawmakers are proposing a ban on texting behind the wheel that could make the practice illegal for all drivers. One Georgia lawmaker stated, “I used to text like crazy while driving,” who added that he has since broken the habit. “I had no I idea what was going on around me, and that’s scary. I knew I needed to make some changes before I hurt myself or someone else.”  The lawmakers hope banning texting while driving, will help prevent serious injuries and deaths caused by automobile accidents.

If the law passes, it would go into effect July 1 and make Georgia the 20th state to outlaw texting while driving. Colorado, Louisiana, New York, Virginia and Washington are among the 19 states that ban test messages for all drivers. Nine states ban text messaging for teen drivers.