Does My Child’s Car Seat Need to be Replaced after an Accident?

Many people do not think about the fact that they may need to replace their car seat after an accident, especially if the child is not in the car seat at the time. The fact is, whether the child is in buckled in the car seat or not, the forces of the crash can sometimes cause unseen damage. It is almost impossible to tell if there is internal weakening of the plastic. Hidden damages may keep the car seat from properly protecting your child in future accidents.

So, does that mean always replace a car seat after an automobile accident? Unfortunately, there’s no clear cut answer to that question.

According to the National Highway Traffic Safety Administration (NHTSA), studies show that child safety seats can withstand a minor crash unharmed. Car seats do not automatically need to be replaced following a minor crash. A minor crash is one in which ALL of the following apply:

• The vehicle was able to be driven away from the crash site.
• The vehicle door nearest the car seat was not damaged.
• None of the passengers in the vehicle sustained any injuries in the crash.
• If the vehicle has air bags, the air bags did not deploy during the crash; and
• There is no visible damage to the car seat.

 
NHTSA recommends that car seats be replaced following a moderate or severe accident in order to ensure a continued high level of crash protection for child passengers. If you answer yes to any of the following questions, you should replace your car seat. 

• Was the vehicle towed from the scene of the accident? 
• Was the impact of the accident at the door nearest the car seat?
• Was anyone in the vehicle transported to the hospital? 
• Was any of the vehicle air bags deployed? 
• Is there any visible damage to the car seat?

Despite the latest NHTSA suggestions, some car seat manufacturers still state in the user manual that their car seats should be replaced after any crash, no matter how minor. It is important to note that the manufacturer’s instructions take precedence, so look at the manual before deciding to use a car seat after an accident.

If you are unsure whether your car seat needs to be replaced, take your car seat to an authorized inspection station for free advice. (Find one near you at nhtsa.gov.) If you do need to replace a car seat, contact your auto insurance company on the replacement process.  The responsible party’s auto insurance company should cover the replacement cost. If you live in a no-fault insurance state, then you would pursue replacement through your own car insurance company.

Lawsuit Financial Corporation is headquartered in Farmington Hills, Michigan, just north of Detroit. Our CEO, Mark Bello, has thirty-seven years experience as a trial lawyer and over fifteen years as an underwriter and situational analyst in the lawsuit funding industry.  

California Commuter Train Accident Continues Concerns over Railway Grade Crossings

The National Transportation Safety Board (NTSB) is investigating a commuter train accident in Southern California that left nearly 50 people injured four seriously. The Los Angeles-bound train slammed into a pick-up truck, hauling a trailer loaded with welding equipment.

Initial reports said that it appeared the truck driver had made a wrong turn and ended up on the tracks where it became stuck as the train approached. Three train cars were overturned; two others derailed, but remained upright.  The force of the impact ripped the truck apart and left the twisted wreckage smoldering for hours.  The truck driver, who was not hurt, left the scene on foot and was found walking and disoriented less than two miles away.

According to media reports, the crossing, which combines a rail crossing and a road intersection, is known to be dangerous and the site of at least five other accidents involving trains since 2008.  The last incident was in June 2014, which left two dead.  In the wake of a 2005 train accident, the Southern California Regional Rail Authority launched a project designed to improve grade crossings, to build safer cars and locomotives, and to use automatic train stops and onboard rail video cameras.  A Metrolink spokesperson said the accident could have been catastrophic if the train was not equipped with an emergency breaking system and the rail cars did not have safety features that helped absorb the energy of the crash. But, the accident shows that technical upgrades alone cannot prevent accidents.  Local lawmakers said federal funds are needed to construct an overpass for the crossing that was first proposed more than a decade ago.

In a media briefing the following day, Robert Sumwalt of the National Transportation Safety Board said the truck was not stuck and it was not bottomed out on the track leaving many questions.  He also said investigators would examine the train's recorders and seek to determine if crossing arms and bells were functioning properly. 

 

The NTSB has been concerned with grade crossing accidents; over 2,000 grade crossing accidents occur every year nationally, killing about 250 people.  The crash came three weeks after a Metro-North commuter train struck a car at a crossing outside New York City and derailed in a fiery accident that killed six people.

• Lights will start to flash at least 20 seconds before the train arrives.

• Be aware that trains cannot stop quickly. Even if the conductor sees you, a train moving 55 miles per hour can take a mile or more to stop once the emergency brakes are applied. That's 18 football fields.

• Never drive around lowered gates.

• Do not get trapped on the tracks; proceed through a highway-rail grade crossing only if you are sure you can completely clear the crossing without stopping.

• If your vehicle ever stalls on a track with a train coming, abandon your vehicle immediately. Get out and move quickly away from the tracks in the direction from which the train is coming. If you run in the same direction the train is traveling, when the train hits your car you could be injured by flying debris.

• If a signal or gate is not working, write down the number on the device and call the 800 number listed or local police.

Mark Bello is the CEO and General Counsel of Lawsuit Financial Corporation, a pro-justice lawsuit funding company.

 

Cancer Patient Dies after Being Given Wrong Drug

When we think of medical malpractice, we often think of a doctor that performed the wrong surgical procedure, amputated the wrong limb, or maybe left a medical sponge in a patient’s body. However, there are many more subtle cases of negligence by doctors and nurses; one of the most common is medication and prescription mistakes.

A brain tumor patient died unexpectedly in an Oregon hospital's emergency room after she was accidentally given a paralyzing agent normally used during surgeries instead of an anti-seizure medication.

In November, the woman had undergone surgery to remove a cancerous brain tumor. She had been making a speedy recovery, and was expected to recover fully. On December 1, she went to St. Charles Medical Center's ER to ask doctors questions about her medication dosage and how to deal with anxiety. She was prescribed fosphenytoin to stem seizures.  A doctor correctly entered the prescription and the order for the drug into the hospital’s electronic medical records system. The pharmacy received that order and used an IV bag that it properly labeled with “fosphenytoin.” The problem is, the pharmacist inadvertently filled the IV bag with the paralyzing drug, rocuronium. A second pharmacy worker reviewed the vials of medication and the IV bag and did not catch the error.  After the medication was administered, a fire alarm went off and a staff member closed the sliding doors of the woman’s room to protect her from any potential hazards. Twenty minutes later, a nurse returned to check on her, but by that time the patient had suffered cardiac arrest.  Although doctors were able to resuscitate the woman, she had suffered brain damage. She died Dec. 3 after life support was turned off.  Several hospital staff members confirmed she was given the wrong medication, before going into cardiac arrest.  The woman is survived by two sons.  The family has not determined if they will take legal action against the hospital.

While some health care providers refuse to take any responsibility in medical negligent cases, hospital officials in this case released a statement accepting at least some responsibility. It said, “While human mistakes were made in this case, we as a health system are responsible for ensuring the safety of our patients.  Several measures have been put in place to ensure such a mistake does not happen again including the creation of a "safety zone" that is intended to eliminate distractions where pharmacists and techs are working and the implementation of a new checking system for paralytic drugs.  The hospital system is also looking at changes in how patients are monitored after medication is administered.  Three employees involved in the error were placed on paid administrative leave.

When we are sick we find ourselves in a position where we are completely dependent on medical professionals. When those healthcare providers make errors the results can be catastrophic  Safety begins with your doctor; but a hospital should also require that three pairs of eyes – the doctor’s, a nurse’s, and a pharmacist’s – verify that the correct medication is being administered in the correct dosages to the correct patients. Patients and hospitals should never assume that nothing could go wrong.

It appears the hospital is taking steps to increase safety and ensure an error like this does not happen again.  Often times that is not the case; many times it comes down to malpractice lawsuits in order to achieve results. They are a primary enforcer of safety changes in the medical/hospital communities. Despite cries of "jackpot justice" and for "tort reform," lawsuits are less about compensation and more about safety and prevention. 

Medical malpractice attorneys will continue to advocate for efforts to reduce these sobering statistics.  Lawsuit Financial will continue to provide non-recourse lawsuit funding to injured people who are fighting for justice without adequate resources to do so. Hopefully, our lawsuit cash advances will provide the resources to withstand the litigation process until justice is served.