The Federal Highway Administration (FHWA) will begin investigating claims that a design flaw in the widely used ET-Plus guardrail is causing significant injuries to accident victims.

Some states are already pulling guardrails made by Trinity Highway Products after four deaths and nine severe injuries have been linked to performance failures in the newly redesigned equipment. In 2005, the Texas-based company reduced the size of a component in the end terminal of their guardrails, saving the company two dollars per unit. When functioning properly, the end terminal will collapse on impact and absorb much of the energy from a head-on crash. However, experts are claiming that the slight change in design is enough to cause the end portion not to fold, impaling vehicles in some cases. Furthermore, because Trinity failed to report the modification to the proper institutions as mandated, some critics believe that they were intentionally hiding poor safety test results.

The National Highway Traffic Safety Administration’s attempts to persuade consumers to immediately respond to the exploding Takata airbag recalls backfired, as the agency’s website was full of mis-information and partially inoperable. Acting Administrator David Friedman affirmed Toyota’s plan to disable defective airbags until replacements could be installed, reasoning that an airbag inflator that could rupture was already broken, drawing a sharp response from several members of Congress.

U.S. Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) sent a blistering letter to the agency, pointing out that disabling an airbag is prohibited by federal law.

We are alarmed and astonished that NHTSA has endorsed a policy recently announced by Toyota and GM that dealers should disable passenger-side airbags and instruct against permitting passengers in the front seat if replacement parts for these airbags are unavailable. As a matter of policy, this step is extraordinarily troubling and potentially dangerous. As a matter of law, as you are aware, §30122(b) of the Motor Vehicle Safety Act (49 U.S.C.) prohibits a manufacturer from knowingly making a safety device inoperative unless the Secretary issues a specific exemption. We are unaware of an exemption from your office in the case of Takata airbags. We are also unaware of any risk assessment or other analysis conducted by NHTSA or automobile manufacturers showing that more lives would be saved than lost by disabling these air bags. Lastly, we are unaware of any information distinguishing the safety threats posed by the passenger-side airbags from the driver-side airbags. If the airbag is too dangerous for passengers, how can the very same airbag installed on the driver-side be sufficiently safe for drivers?

Senator Bill Nelson of Florida took the agency to task for urging vehicle owners to take action, without providing them with specific steps, and for allowing automakers to launch regional recalls. He pointed out that many of his state’s part-time resident may have their cars registered in northern states, but still spent significant parts of the year in a hot and humid climate. All three urged automakers affected by the recalls to provide customers awaiting replacement airbags with free rental cars,. Rep. Fred Upton (R-Mich.), chairman of the House Committee on Energy and Commerce has talked about holding a hearing.

There are now 7.8 million U.S. vehicles under recall involving 10 manufacturers: Toyota, Honda, Mazda, BMW, Nissan, Mitsubishi, Subaru, Chrysler, Ford and General Motors. In 2009, Takata told NHTSA that it has used propellant chemistry in more than 100,000,000 air bag inflators sold to most major vehicle manufacturers over the past 10 years.  Friedman has said that NHTSA investigators have “definitively identified the root cause.” But, given the many explanations that Takata has offered over the last six years, it’s hard to believe.

Meanwhile, The Wall Street Journal is reporting that federal prosecutors in the U.S. Attorney’s Office for the Southern District of New York are investigating if Takata lied to the National Highway Traffic Safety Administration about the scope of the defect. This is the same office that successfully concluded a four-year probe into Toyota’s actions surrounding Unintended Acceleration last March. The automaker pleaded guilty to one count of wire fraud and agreed to pay the government $1.2 billion for lying about the defect to NHTSA and consumers.

You can view the Manufacturer, Make, Model, Model Year(s), and Recall Numbers of affected vehicles on the list below:

• Mazda, Mazda, Mazda6, 2003-2004, 13V130
• Mazda, Mazda, RX-8, 2004, 13V130
• Toyota, Toyota, Corolla, 2002-2004, 13V133
• Toyota, Toyota, Matrix, 2002-2004, 13V133
• Toyota, Lexus, SC430, 2002-2004, 13V133
• Toyota, Toyota, Sequoia, 2002-2004, 13V133
• Toyota, Toyota, Tundra, 2002-2004, 13V133
• GM, Pontiac, Vibe, 2002-2004, 13V133
• Nissan, Infiniti, FX35, 2003, 13V136
• Nissan, Infiniti, FX45, 2003, 13V136
• Nissan, Infiniti, I-30, 2001, 13V136
• Nissan, Infiniti, I35, 2002-2003, 13V136
• Nissan, Nissan, Maxima, 2001-2003, 13V136
• Nissan, Nissan, Pathfinder, 2001-2003, 13V136
• Nissan, Infiniti, QX4, 2002-2003, 13V136
• Nissan, Nissan, Sentra, 2002-2003, 13V136
• BMW, BMW, 325Ci, 2002-2003, 13V172
• BMW, BMW, 325i, 2002-2003, 13V172
• BMW, BMW, 325iT, 2002-2003, 13V172
• BMW, BMW, 325xi, 2002-2003, 13V172
• BMW, BMW, 325xiT, 2002-2003, 13V172
• BMW, BMW, 330Ci, Convertible, 2002-2003, 13V172
• BMW, BMW, 330Ci, Coupe, 2002-2003, 13V172
• BMW, BMW, 330i, 2002-2003, 13V172
• BMW, BMW, 330xi, Sedan, 2002-2003, 13V172
• BMW, BMW, M3, Convertible, 2002-2003, 13V172
• BMW, BMW, M3, Coupe, 2002-2003, 13V172
• Nissan, Infiniti, FX, 2003-2005, 14V340
• Nissan, Infiniti, I35, 2003-2004, 14V340
• Nissan, Infiniti, M, 2006, 14V340
• Nissan, Nissan, Pathfinder, 2003-2004, 14V340
• Nissan, Nissan, Sentra, 2004-2006, 14V340
• Ford, Ford, GT, 2005-2006, 14V343
• Ford, Ford, Mustangs, 2005-2007, 14V343
• Ford, Ford, Ranger, 2004, 14V343
• Mazda, Mazda, B-Series, 2004, 14V344
• Mazda, Mazda, Mazda6, 2003-2007, 14V344
• Mazda, Mazda, MazdaSpeed6, 2006-2007, 14V344
• Mazda, Mazda, MPV, 2004-2005, 14V344
• Mazda, Mazda, RX-8, 2004-2008, 14V344
• BMW, BMW, 325i, 2004-2006, 14V348
• BMW, BMW, 325xi, 2004-2005, 14V348
• BMW, BMW, 330i, 2004-2006, 14V348
• BMW, BMW, 330xi, 2004-2005, 14V348
• BMW, BMW, M3, 2004-2006, 14V348
• Toyota, Toyota, Corolla, 2003-2005, 14V350
• Toyota, Toyota, Matrix, 2003-2005, 14V350
• Toyota, Lexus, SC430, 2003-2005, 14V350
• Toyota, Toyota, Sequoia, 2003-2005, 14V350
• Toyota, Toyota, Tundra, 2003-2005, 14V350
• Toyota, Pontiac, Vibe, 2003-2005, 14V350
• Honda, Honda, Accord, 2001-2007, 14V351
• Honda, Honda, Accord, 2001-2002, 14V351
• Honda, Honda, Civic, 2001-2005, 14V351
• Honda, Honda, CR-V, 2002-2006, 14V351
• Honda, Honda, Element, 2003-2011, 14V351
• Honda, Acura, MDX, 2003-2006, 14V351
• Honda, Honda, Odyssey, 2002-2004, 14V351
• Honda, Honda, Pilot, 2003-2007, 14V351
• Honda, Honda, Ridgeline, 2006, 14V351
• Honda, Acura, TL/CL, 2002-2003, 14V351
• Honda, Honda, Accord, 2003-2005, 14V353
• Honda, Honda, Civic, 2003-2005, 14V353
• Honda, Honda, CR-V, 2003-2005, 14V353
• Honda, Honda, Element, 2003-2005, 14V353
• Honda, Acura, MDX, 2003-2005, 14V353
• Honda, Honda, Odyssey, 2003-2004, 14V353
• Honda, Honda, Pilot, 2003-2005, 14V353
• Honda, Honda, Ridgeline, 2006, 14V353
• Honda, Acura, RL, 2005, 14V353
• Chrysler, Chrysler, 300, 2005-2008, 14V354
• Chrysler, Chrysler, Aspen, 2007-2008, 14V354
• Chrysler, Dodge, Dakota, 2005-2008, 14V354
• Chrysler, Dodge, Durango, 2005-2008, 14V354
• Mitsubishi, Mitsubishi, Raider, 2006-2007, 14V354
• Chrysler, Dodge, Ram, 1500, 2003-2008, 14V354
• Chrysler, Dodge, Ram, 2500, 2005-2008, 14V354
• Chrysler, Dodge, Ram, 3500, 2006-2008, 14V354
• Chrysler, Dodge, Ram, 4500, 2006-2008, 14V354
• Chrysler, Dodge, Ram, 5500, 2008, 14V354
• Subaru, Subaru, Baja, 2003-2004, 14V399
• Subaru, Subaru, Impreza, 2004, 14V399
• Subaru, Subaru, Legacy, 2003-2004, 14V399
• Subaru, Subaru, Outback, 2003-2004, 14V399
• Mitsubishi, Mitsubishi, Lancer, 2004-2005, 14V421
• BMW, BMW, 323i, 2000, 14V428
• BMW, BMW, 325i, 2001-2006, 14V428
• BMW, BMW, 325xi, 2001-2005, 14V428
• BMW, BMW, 328i, 2000, 14V428
• BMW, BMW, 330i, 2001-2006, 14V428
• BMW, BMW, 330xi, 2001-2005, 14V428
• BMW, BMW, M3, 2001-2006, 14V428
• GM, Saab, 9-2X, 2005, 14V471
• Subaru, Subaru, Baja, 2003-2005, 14V471
• Subaru, Subaru, Impreza, 2004-2005, 14V471
• Subaru, Subaru, Legacy, 2003-2005, 14V471
• Subaru, Subaru, Outback, 2003-2005, 14V471
• Toyota, Toyota, Corolla, 2003-2005, 14V655
• Toyota, Toyota, Matrix, 2003-2005, 14V655
• Toyota, Lexus, SC, 2002-2005, 14V655
• Toyota, Toyota, Sequoia, 2002-2005, 14V655
• Toyota, Toyota, Tundra, 2003-2005, 14V655
• GM, Pontiac, Vibe, 2003-2005, 14V655

In late June 2014, a Honda Accord owner from the Santa Monica, California reported to NHTSA a May 31 low-speed fender-bender that deployed the airbag bag, “sending hot metal and plastic shrapnel into the cabin. As a result of this minor accident my daughter sustained severe burns, bruises and abrasions on her arms and legs. Honda admits that the airbag was not designed with this in mind but refuses to take any responsibility other than to present me with a bill for $3700.00,” the Honda owner wrote.

At the time, the 2005 Accord hadn’t ever been recalled for an airbag inflator rupture – although some 6 million Honda vehicles had in nine campaigns going back to 2008. Honda was well-versed in the problem afflicting airbags supplied by Takata, having settled its first claim in 2004. The defect – airbag inflators that deploy in low-speed impacts with excessive force, causing the bag to explode sending metal and plastic fragments flying into the occupant compartment – has been tied to at least two deaths and 139 injuries. Specifically, Honda’s defect notices have referenced “separation of the metal airbag inflator shelf, resulting in metal fragments of the shell being propelled through the airbag fabric. The defective bags also have been installed in vehicles manufactured by Toyota, Nissan, Ford, Chrysler, General Motors, Mazda, Subaru, Mitsubishi and Isuzu – all of which have announced recalls covering 14 million vehicles.

Despite receiving its first claim ten years ago, Honda took no action until 2008, with a recall limited to fewer than 4,000 2001 Civic and Accord vehicles. Since then, Honda has launched a series of rolling recalls in 2009, 2010, 2011, 2013 and 2014. And, Takata has offered various explanations for the inflator ruptures:

• Excessive internal pressure caused by the handling of the propellant during airbag inflator module assembly.
• A manufacturing process that occurred before assembling the inflators – the process of pressing the propellant into wafers, traced to one particular high-precision compression machine.
• Problems with a manufacturing process used to prepare the propellant that may have been out of specification.
• Propellant produced in 2001-2002 could be out of specification without the plant knowing it.
• Exposure to moisture.

That Santa Monica Honda owner got a cold reception – even as the automaker was less than three weeks away from recalling all 2001-2007 Honda Accords in Puerto Rico, the U.S. Virgin Islands, and eight high-humidity states due to moisture exposure, but not California:

“My first two calls to American Honda were very frustrating and yielded no results,” the owner explained to NHTSA. “After I explained the damages and the explosive nature of the airbag deployment, both of the reps I spoke to brushed me off and told me that I should let my insurance handle it and if they had any questions they could contact American Honda. Their response was indifferent, bordering on rude.”

Honda was more responsive to NHTSA. Ten days after the agency received the complaint, Honda added California to the list of states in which owners were eligible for a repair. Besides Honda, six manufacturers are participating in the regional recall: Chrysler, Ford, Nissan, BMW, Mazda and Toyota.

But, it’s likely that this defect has more death and injury victims. The Center for Auto Safety has accused Honda of failing to report some legal claims – including one of the known deaths, an Oklahoma teenager in 2009 – to NHTSA, as it is required to do under the Transportation Recall Enhancement Accountability and Documentation Act. In response, Honda has hired a third-party auditor to investigate.

And it’s likely that complaints will continue to be lodged, because the root cause or causes have never been definitively identified. In addition, some owners of affected vehicles have complained that they did not receive an airbag recall notice, so consumer notification is another unresolved issue.

Finally, this defect may not be just plaguing aged vehicles and may affect vehicle outside of the high-moisture states. In September, the Reisterstown, Maryland driver of a 2010 Honda Civic reported an airbag deployment that resulted in the release of metal fragments. The 2010 Civic only had 56,011 miles on it when the September 13 incident occurred:

While driving at low speeds, the driver side air bag and ceiling air bag deployed unexpectedly. The contact suffered an injury to the face and the driver seat was fractured in half by a metal fragment. The vehicle was not diagnosed or repaired. The manufacturer stated that the vehicle was not included in NHTSA campaign number…

This recent complaint suggests that all of the affected vehicles have not been recalled.

Sixty-six-year-old Donelson, Tennessee resident Carol Boo perished during the early morning hours of October 8 after a tractor-trailer carrying 40,000 pounds of pumpkins left the highway along McGavock Pike, crashed into her brick house, and wrecked her bedroom, The Tennessean reported on October 8.

The police said Boo had been sleeping in her bed at around 3:30 a.m. when the truck crashed into her bedroom, killing her instantly.

Boo’s husband and her son, who each had been sleeping in other rooms in the house, were not hurt in the incident.

The truck driver, identified as 34-year-old Nashville resident Leonard Wilson, did not appear to be intoxicated or impaired in any way and so was not charged at the scene. However, police authorities noted that his story may not be corroborated by evidence, and he could be charged in the future. Wilson claimed the trailer began wobbling on the road and he lost control of the vehicle.

The defect affecting 22 General Motors models from the 1997-2014 model years is two-fold: the ignition switch is loose and can move from the “Run” position to the “Accessory” or “Off” position while the vehicle is underway. And, the position of the ignition makes it easy for the driver’s knee to make casual contact with the dangling key ring.

The ignition switch defect is caused by low ignition key cylinder torque/effort – in some models – combined with a too-short detent plunger, a metal cylinder on a spring that slides into the notches of a plastic disc inside the ignition switch. In either case, the low torque condition allows the disc to slip from the “run” to “accessory” position. The sudden loss of power creates an emergency driving situation in which the driver loses the function of the power assisted steering and brakes. The defect also disables the power to fire airbags, so occupants are not protected in the event of a crash. GM has described this defect as:

The ignition switch torque performance may not meet General Motors’ specification. If the torque performance is not to specification, and the key ring is carrying added weight or the vehicle goes off the road or experiences some other jarring event, the ignition switch may inadvertently be moved out of the “run” position. The timing of the key movement out of the “run” position, relative to the activation of the sensing algorithm of the crash event, may result in the airbags not deploying, increasing the potential for occupant injury in certain kinds of crashes.

To date, GM has recalled more 14 million vehicles for ignition-related defects, beginning on February 7, 2014. The affected vehicles are:

• 2005-2010 Chevrolet Cobalt
• 2007-2010 Pontiac G5
• 2006-2011 Chevrolet HHR
• 2006-2010 Pontiac Solstice
• 1999-2005 Pontiac Grand Am
• 2004-2008 Pontiac Grand Prix
• 2008-2009 Pontiac G8
• 2007-2010 Saturn Sky
• 2003-2007 Saturn ION
• 2011-2013 Chevrolet Caprice Police Vehicles
• 2005-2009 Buick LaCrosse
• 2006-2011 Buick Lucerne
• 2003-2014 Cadillac CTS
• 2000-2005 Cadillac Deville
• 2006-2011 Cadillac DTS
• 2004-2006 Cadillac SRX
• 2010-2014 Chevrolet Camaro
• 2000-2014 Chevrolet Impala
• 1997-2005 Chevrolet Malibu
• 2000-2007 Chevrolet Monte Carlo
• 1999-2004 Oldsmobile Alero
• 1998-2002 Oldsmobile Intrigue

This defect surfaced in early February 2014, when GM announced a partial recall for 619,122 Chevy Cobalt and Pontiac G5 vehicles from the 2005-2007 model years, but did not disclose to the National Highway Traffic Safety Administration (NHTSA) that it became aware of the defect in 2004 – before the Cobalt was sold. A series of news articles detailing documents obtained during litigation prompted GM to announce that it was adding four more models. But the revelations touched off Congressional hearings and a NHTSA probe. In late February, the agency opened a Timeliness Query (TQ) investigation to determine if GM had satisfied its statutory obligations to report a defect within five days of its discovery. In May, GM settled with the Department of Transportation, paying a $35 million civil penalty – the largest ever for a TQ.

In June, GM announced that it would launch a compensation fund for victims of the ignition switch defect. Administered by attorney Kenneth Feinberg, the program would focus on crashes in which the airbag did not deploy. As of mid-October, GM has cleared 52 claims for compensation including 27 deaths and 25 injuries. (NOTE: THIS NUMBER CHANGES AS FEINBERG ISSUES NEW REPORTS)

Some single-car run-off-the-road crashes have been blamed on the ignition switch defect, but may actually have been caused by a defect in the Electric Power Steering (EPS). In March, GM recalled 1.3 million vehicles for a sudden loss of electric power steering assist, caused by one of two factors: contamination of the torque and position sensor of the EPS system from the separation of grease applied to the steering column assembly; and electrical noise generated on the power and ground slip ring surfaces of the torque sensor.

This defect has a 10-year history, beginning in 2004, when NHTSA opened an investigation into power steering failures involving the Chevrolet Malibu and Malibu Maxx. In response, GM launched a customer Satisfaction Campaign, which terminated the inquiry. In total, NHTSA opened four more investigations into loss of power steering into seven more models from 2007-2011. GM was able to fend off most of the probes with limited recalls and special warranty coverage offers. But, in September 2011, NHTSA upgraded a query into an earlier recall involving loss of electronic power steering assist to an Engineering Analysis. NHTSA closed that investigation after GM launched this latest recall for multiple models and model years.
The loss of power steering recalls affects several of the same models, but not necessarily the same model years, as the ignition defect: MY 2004-2007 Saturn ION; MY 2009-2010 Chevrolet HHR; 2010 Cobalt. Other vehicles include: MY 2004-1005 Chevrolet Malibu, and some MY 2006, 2008 and 2009; the MY 2008-2009 Saturn Aura; and MY 2005-2009 Pontiac G6. Complaint data suggests that not all of the affected models and model years have been recalled and that EPS defects can cause steering lock-up type conditions that lead to loss of control crashes.

Toyota has announced the recall of around 130,000 Tundra full-size pickup trucks, manufactured at the company’s San Antonio, Texas plant, due to the danger that a plastic trim piece in the vehicles may pose by interfering with the vehicles’ side airbags, the Associated Press reported on September 12.

Toyota will be recalling United States versions of Crew-Max and Double Cab from the 2014 model year because the trim covering the center pillars of these vehicles’ front seats may not have been installed incorrectly, and they may affect how the airbag deploys. Dealers are set to make replacements on the trim of these vehicles, and owners will be notified of the issue by mail.

When a vehicle does not work properly and results in the harm of you or a loved one, seek the legal assistance of the attorneys at Pohl & Berk, LLP, in Nashville who may help you pursue financial compensation for any damages. Call our offices at 615-277-2765 today to discuss your situation.

On September 15, a two-vehicle crash near the intersection of Hampshire Pike and Old State Road in Columbia, Tennessee injured three individuals including a Hampshire Unit School high school senior.

According to firefighter Brian McCandless, a pickup truck and a Jeep Cherokee collided head-on at around 7:18 a.m.

Eighteen-year-old Shayla Yeager was operating the Jeep east on U.S. Highway 412 when she tried turning left onto Old State Road, causing the collision with the pickup truck. Hampshire residents Philip and Janet Griffith were inside the truck, according to a report from the Tennessee Highway Patrol.

The report noted that one of the vehicles was found in the creek by the police who responded to the crash, which is currently being investigated by local authorities.

Vehicular accidents happen regularly in the United States. Should you get hurt in such an accident in Tennessee, trust only the attorneys of Pohl & Berk, LLP to help you pursue financial compensation from those who are responsible for your costs and injuries. Call our offices today at 615-277-2765 to learn more.

A federal lawsuit was filed in the United States District Court in Greeneville for the Eastern District of Tennessee by Jennifer Lawson against the driver and owner of a tractor-trailer rig that allegedly caused a fatal accident in early August, The Rogersville Review reported on August 20.

The lawsuit was filed against driver and Luling, Texas resident Ion Hazapariu and the truck owner, Yes Express Inc./The Blanket Company, for the collision that killed 18-year-old Ashley Nicole Lawson. According to the lawsuit, Hazapariu allegedly attempted to make an illegal left turn in his 2005 Volvo tractor-trailer from the median onto Sneedville Pike, causing the collision with Lawson’s 2000 Daewoo, which was heading north on 11W. The lawsuit also accused Hazapariu of other negligent driving behaviors.

The attorneys at Pohl & Berk, LLP, know that due to their massive size, truck accidents often result in serious injuries or in the worst cases, death. If you or a loved on have been injured in a truck accident, our legal team may help you hold them financially accountable. Call our Nashville offices today at 615-277-2765 to learn more.

According to Allstate Insurance Company’s 2014 report, which is a part of the tenth annual “Allstate America’s Best Drivers Report,” Knoxville, Tennessee holds the number one spot for the best drivers in the southern. The average driver here has the possibility of being in an auto collision once in 11.1 years.

Knoxville got the #27 safest spot among America’s 200 largest cities.

The “southern” region comprises Louisiana, Tennessee, Kentucky, Arkansas, and Mississippi. The report takes into consideration factors such as collision frequency, population, population density, and precipitation.

Fort Collins, Colorado took the title for being the best driving city in the whole country for the fourth year in a row. The average driver in the area has the possibility of suffering from a collision once in every 14.2 years, which is 29.6% less possible than the national average of once every 10 years.

Road conditions, automotive defects, and negligent actions of other drivers on the road are among some of the factors why vehicle accidents happen. If such an accident happens to you while you are in Tennessee, talk with our attorneys at Pohl & Berk, LLP by dialing (615) 277-2765 so we can help you learn more about possibility pursuing compensation.

A lawsuit has been filed seeking damages in relation to the death of Ashley Lawson, 18, who was killed in a Hawkins County truck accident on August 5, WJHL reported on August 13.

A southbound semi-truck attempted to take a left onto Sneedville Pike, realized the turn was impossible, and tried to turn back. This is when the 60-year-old driver, Ion Hazapariu, hit Lawson’s northbound car head-on. Two of her passengers, including an 8-month-old child, were injured.

The lawsuit demands compensation for physical pain, emotional suffering, medical and funerary expenses, in addition to the potential lifetime wages lost. Both Hazapariu and his employer, Yes Express, Inc., were named on the suit.

The attorneys at Pohl & Berk, LLP, understand the devastation that can result from a truck accident. In addition to physical and emotional suffering, expenses related to injury or funerary costs quickly add up. If you have been injured or a loved one killed in a truck accident in Tennessee, our legal team may help you hold the people responsible accountable for any damages. Call our offices at 615-277-2765 today to learn more.