“Car Survival 101- How to Keep Safe”

Every day in our law practice, we see people who are seriously injured, or have had a loved one killed in a vehicle-related accident. Many of these accidents are preventable, but people are often negligent, and do not use precautions or proper safety equipment. There are three things that you should do every time you ride in a car, or operate a motor-vehicle, that will reduce you chance of sustaining a serious injury or dying in a motor vehicle collision.

1. Never drink and drive. Statistically, over fifty percent of fatal accidents involve alcohol use as a primary factor in the cause of the crash. Make sure to have a designated driver, or call a cab, when consuming alcohol. A twenty-dollar (or less) cab ride is far less expensive than sustaining a serious injury or dying from a preventable crash. Never get behind the wheel, even in you have only had “two drinks”. Two drinks, depending on you height, weight, sex, and body type, can affect or impair your judgment and reaction time. Never drink and drive.

2. Always wear your seatbelt and shoulder harness assembly. Make it a point to never start your car, or ride as a passenger in a vehicle, unless you have an operational seatbelt and shoulder harness assembly available, and it is securely fastened. Most accidents involving the lack of seatbelt and shoulder harness use result in injuries which would not have occurred if the occupant was properly restrained. When a collision occurs, things move around in the vehicle. These “things” include you! By being restrained during a collision you will reduce the likelihood of injury, including flail injuries, as well as contact between your body parts and other portions of the vehicle (i.e. your head going through the windshield). If a vehicle does not have proper safety equipment, refuse to ride in the vehicle.

3. Keep tires and brakes in good condition. Never cut corners to save money when it comes to repairing or replacing tires or brakes. Tires and brakes can save your life. Most accidents involving a panic stop, such as in an emergency situation, or when trying to avoid debris in the road, are caused due to worn brakes and/or tires. Make it a point to do a monthly safety inspection of your vehicle. This takes less than five minutes. Check your tire pressure weekly, and if you find your car pulling to one side or the other while driving, take the vehicle into the shop to check the alignment and tire wear. If tires are irregularly worn or balding, replace them immediately. If your brakes are mushy or make noise when you apply them, have them repaired or replaced. Sometimes all you need to do is replace the brake pads in order to maintain a safe braking system. If when you brake, the car vibrates or pulls, you may need new rotors.

During your safety check, make sure your horn works, as well as your signal lights, brake lights, parking lights, and high beams. Taking time to make sure your safety devices work and that tires and brakes are in good order will help you avoid preventable accidents.

by: Donald M. Maciejewski, Esq.

"Air Travelers Take Note - U.S. Orders Better Consumer Protection for Lost Bags and Bumping"

Have you ever boarded a flight heading out on vacation, and get to your destination only to find that the airline has “lost” your bags? Ever been told that your flight was “oversold”, and therefore you were “bumped”? Bummer!

Good news! Air travelers were given better protection against these issues a few weeks ago when Transportation Secretary Ray LaHood announced that, “Airline passengers have a right to be treated fairly.” Secretary LaHood went on to state, “It is just common sense that if an airline loses your bag, or you get bumped from a flight because it was oversold, you should be reimbursed.” Finally air travelers will be getting compensated for lost luggage and missed flights!

New regulations become effective this August requiring airlines to reimburse passengers for lost baggage fees, and will provide travelers who are involuntarily ‘bumped’ from flights with greater compensation. In addition, there will be an expansion on the current ban on lengthy tarmac delays; and hidden fees that were not formerly disclosed by the airlines to its customers will be eliminated. New rules will also require U.S. airlines to provide basic services, such as access to lavatories and water, in the event of an extended tarmac delay.

Currently, ‘bumped’ passengers are entitled to cash, up to $400.00, if the airline can get them to the destination in a short period of time. In August 2011 this will be increased to $800.00. For those facing even longer delays, the maximum compensation will increase from $650.00 to $1300.00, which will be indexed for inflation.

If the airline loses your bags, you will be reimbursed for bag fees, and you will be able to make a claim for the contents of your lost luggage.

Donald M. Maciejewski, Esq.                                                                                     

Board Certified Aviation Law Attorney

When Will the FAA Finally "Wake Up"

Recently, the flying public has been told of a rash of incidents where air traffic controllers are falling asleep on duty and planes are without ATC guidance. There have been 7 separate reported incidents (no one really knows how many other controllers fell asleep but were not caught) and this past week, the FAA came out with a new set of rules regarding rest times between shifts and how controllers can swap or bid on shifts. The FAA believes that this will fix the problem.

In 20 plus years of doing aircraft accident litigation there have been many cases we have handled where controllers were inattentive to duty or asleep or otherwise preoccupied with something other than their job. A controller sleeping on the job is no big news. In the incident at Washington-Reagan National Airport, where a single controller on duty was essentially a night watchman at an airport with a curfew, it’s not only likely, but really quite common that sleeping on the job occurs. When will the FAA go into true damage control to prevent controllers from sleeping on the job? If you notice, the FAA has made no explanation or excuses for controllers sleeping on the job.

Hopefully new FAA administrator, CAPT Randy Babbitt, who is a former airline captain and union leader, will lay down the law. CAPT Babbitt does know how to tackle tough problems, but the FAA is an agency that has lots of things broken and CAPT Babbitt has inherited a mess that is going to require some tough procedural changes and accountability.

Air traffic controllers have an average annual salary of more than $160,000. They work in shifts, have mandatory rest time between shifts and receive mandatory work breaks. There is simply no reason for falling asleep on the job.

Attorney Donald Maciejewski 
Florida Bar Board Certified in Aviation