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car safety

Buyer Beware: How Safe is your Used Car?

March 5, 2015 by Levinson and Stefani Leave a Comment

"Wacky Waving Inflatable Arm Flailing Tube Man" by Flickr user m01229, with text added.  CC BY.
“Wacky Waving Inflatable Arm Flailing Tube Man” by Flickr user m01229, with text added. CC BY

The 2015 Chicago Auto Show recently wrapped up, and with all the deals and promotions, now is a popular time to go new, and used, car shopping.  We recently wrote about some major car safety issues, but here’s another:  did you know that dealers — small and large — are not required to get cars under recall repaired before selling them to you?  Used car salespeople are not even legally required to tell you that the car needs repairs at all!

That used car dealers do not need to reveal such important information is a startling, and very dangerous, fact.  On the contrary, however, car manufacturers like Ford and Honda have a duty to announce recalls within 60 days of finding the safety problem.  According to Carfax, one out of five cars on our country’s roads is driving with an unfixed safety problem that was part of a recall.

Left unattended, the problems at the center of the recalls can result in a crash, injuries, or even the death of occupants.  For example, air bags can inflate improperly, with plastic and metal parts parts bursting through and injuring or killing someone in the car.  Other recalls have been issued that, if unfixed, result in cars stalling, or parts catching fire.   Unfortunately, it doesn’t seem like this scary problem is going to get better.  In 2004, the number of recalled vehicles was about 32 million.  In 2014, however, that number doubled to around 64 million recalled vehicles.

With the number of recalled cars on our roads constantly increasing, and no federal law to protect consumers, the entire nation is at risk.  Cars move freely between states and among owners.  “We cannot allow vehicles with potentially dangerous defects to leave used-car lots without the necessary repairs,” said the head of the National Highway Traffic Safety Administration, Mark Rosekind.

While the U.S. Government is working towards passing laws to require used car dealers to get the necessary repairs for a recalled vehicle before selling it, dealers would, potentially, rather limit their responsibility to telling car buyers about the recall.  This, dealers say, is all that is needed now because of a new government database that indicates whether a car is under a recall.

Of course, there is a federal law requiring that dealers of new cars make the recall repairs before selling the car.  But if you are looking for a used car now, or recently bought a car, you should definitely check whether there is an active recall on the car.  To check whether your specific vehicle is under a recall, go to https://vinrcl.safercar.gov/vin/.

While there, it is also a good idea to take a look at the information and safety advice offered for vehicle shoppers at http://www.safercar.gov/Vehicle+Shoppers.

How Dangerous is Your Car? Safety Institute Unveils Watch List

February 26, 2015 by Levinson and Stefani Leave a Comment

2007 Toyota Camry. Photo: Wikimedia Commons.
2007 Toyota Camry. Photo: Wikimedia Commons.

Buyer beware.

The Safety Institute, a Massachusetts-based not-for-profit investigating injury prevention and product safety, has released its quarterly Vehicle Safety Watch List, featuring the top 15 potential vehicle defects to look out for in 2015. It’s the third consecutive report since the Institute began rolling out its influential catalog in June 2014.

Topping this quarter’s list is the 2012 Ford Focus (steering); the 2008 Chevrolet Cobalt (electrical); the 2008 Toyota Sienna (power train); the 2011 Chevrolet Cruz (service brake), and the 2007 Toyota Camry (speed control). The Safety Institute’s assessment describes these designations as “areas that need more investigating,” as opposed to defects. The report is largely intended as a frame of reference for “lawyers, researchers and analysts,” who mine data as a way of studying persistent problems of motor vehicle flaws.

Still, according to the Safety Institute, none of these designations have been investigated by the National Highway Safety Administration or fixed by the original manufacturer.  By ignoring the data collected by the Safety Institute, carmakers and the regulatory bodies designed to protect drivers and passengers are potentially leaving consumers in a precarious position.

Toyota alone has suffered through very public recalls with model years 2005-2011, resulting in class action lawsuits and settlements related to accelerating motor pedals. The suit claimed that Toyota knowingly failed to correct a dangerous problem that could have led to fatalities. In Ford’s case, the NHTSA has long been involved in a process that involves the stalling and surging of engines in the Ford Escape model. The Ford Focus produced in model years 2012-2014 was recalled recently for stall-like conditions and unexpected losses in power.

The Safety Institute’s analysis is based on death and injury claims of the early warning reports system designed by the National Highway Traffic and Safety Administration. The analytics aim to identify “continuing potential failures to effectively fix issues that are already known,” says the report.

“The Vehicle Safety Watch List is an example of leveraging already available data to help prioritize investigative resources,” Sean Kane, The Safety Institute’s founder and president of the board, said in a statement. “This type of tool can help identify and potentially prevent costly safety crises that not only cause harm to consumers, but take extra resources to manage.”

Perhaps the most interesting thing about the Institute’s report is the extent to which several commonly owned vehicles go unchecked by federal regulators. Granted, some of this information functions more as a watchdog than an objective presentation of facts. But a takeaway from this list and for potential victims of recall-related injuries is that they have recourse as consumers, especially when a defect is known and goes unaddressed.

Many of the listed defects have resulted in class action lawsuits against car manufacturers like Toyota and Ford. Whether your vehicle’s problems – and perhaps your injuries – are the result of a defect like those described in the report,  and whether you may be part of a class, are questions often more easily answered with the guidance of a lawyer. An assessment can help determine if a class action or another lawsuit is the route for you. If you’ve been injured due to a faulty product and you believe there are others in a similar situation, a class action might be appropriate, and you should consider consulting with an attorney.

Your particular accident may not result in significant injuries, but collectively, the value of a class action suit is that it carries weight in the courtroom by consolidating resources. If you’re a victim of a faulty or recalled product, you may qualify for a class action claim. By offering free, one-on-one consultations, we can help you determine if this might be the route for you.

How Parents Endanger Their Kids In Cars

October 6, 2014 by Levinson and Stefani Leave a Comment

Bending the rules. For parents that could mean any number of minor infractions: a candy bar before dinner, an hour of television before bed. In those cases, by all means bend away. Some rules, however, shouldn’t bend at all.

The latest report from Safe Kids Worldwide reveals that one in five parents of young kids admit to “bending the rules” while riding in cars with their children, according to the organizations recent study, as reported by NBC 5 Chicago. Safe Kids also notes that three times as many parents admit that they’ve seen other parents doing the same; and one in four parents admit to failing to secure a child with a seat belt during a car ride. The report was based on a survey of 1,000 parents of children ages 4 to 10. These eye-opening numbers show just often adults endanger the lives of their children by overlooking typical safety measures.

Parents, adults and caregivers cited “quick rides,” “traveling overnight,” and the fact that they’re “in a rush” as reasons for not securing a child properly. Nineteen percent of parents between the ages of 19 and 29 often “reward” their child by allowing them to sit in the front seat without a seat belt. A number of parents also believe that a child is safe as long as they’re able to monitor while driving.

Affluent parents and households with higher levels of education were more likely to say that it was okay for a child to ride in a car without a seatbelt, and men were more likely than women to admit that riding in a car with an unrestrained child was acceptable practice. As income level increased adults more frequently said it was okay for a child to ride in a car without a seatbelt.

The report also found that three out of ten parents don’t discuss car safety with other adults when it comes to carpooling, including the use of booster seats. Although 92 percent of parents and caregivers had heard of booster seats only 17 percent shared concerns about their child’s safety.

Based on the findings, Safe Kids recommends several strategies for parents to take advantage of moving forward:

It goes without saying: buckle up your kids and friends’ kids every ride, every time. Nearly one-third of children who die in car crashes are completely unrestrained. It’s a simple and necessary mantra for keeping your child safe and secure for every ride. Make it a habit for older children who can buckle themselves, and make sure to check they’ve done so properly before setting out on your ride.

Talk to other parents who are driving your kids about eh importance of buckling up. Half of parents who report not talking about child safety seats with other adults said that they trusted them and assumed they would take the necessary precautions for keeping kids safe. Take assumptions out of the equation. Have a discussion about how you expect your child to be restrained properly while riding in a car, even if it’s not your own.

Check that the right child safety seat is being used and that it’s installed properly. Roughly 30 percent of caregivers believe that they have installed or secured a booster seat correctly, when in fact they haven’t. Find a local car seat check-up station and or check-up event and make sure the seat is securely fastened and installed.

Always remember: Safety First!

Check out Buckle Up Illinois for more information:

Illinois DOT
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