Apartment Fire

Your Landlord May Be Responsible for Your Apartment Fire

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Intelligent, responsible landlords will take fire prevention very seriously, but not every property owner meets that description. An apartment building or multi-family house provides a landlord with income, but some are more careful about keeping it safe than others. If you’re injured in a structure fire, Satterley & Kelley, PLLC can help you obtain the compensation you deserve.

Apartment Fires They Happen Every Day

The majority of fire-related deaths in the US occur in structure fires. One—and two-family home fires are the most frequent, followed by apartment and multi-family building fires.

Over the past 50 years, the number of structure fires has gone down, but the number has increased recently, according to the National Fire Sprinkler Association. Since 1980, the worst year for fire-related deaths was 1982, when there were an estimated 6,700 killed in fires. By 2022, that dropped to about 3,790.

That year, there were an estimated 80,000 apartment and multi-family structure fires, or about 170 daily in the US. They made up 9% of the country’s fatal fires, killing about 150 people or about 12% of the fatalities.

The US Census Bureau estimates there are 33,675,570 apartment and multi-family housing units in the US. There is an average of 2.3 people per unit, and more than 77 million live in apartments or multi-family buildings (with three or more units). Almost a quarter of the country lives in these buildings.

How Your Landlord May Be to Blame for Your Fire

A Kentucky residential landlord must maintain the property so it’s safe to live in. They must also live up to their obligations in the lease and comply with state law and local building and fire codes. Failure to do any of these things may result in a fire that could injure you or anyone in the building.

Some issues that may cause the fire or contribute to your injuries include the following:

  • Smoke detectors, sprinkler systems, and fire alarms may not be present or functioning correctly. The landlord may buy the right equipment but fail to install or maintain it properly
  • Faulty or outdated electrical wiring may start a fire. A landlord may improperly do electrical work themselves or hire someone unqualified to do the job, resulting in building or fire code violations
  • If you have natural gas in your building, a fire can be caused by an ignited gas leak. A landlord must keep the building safe, including maintaining gas lines and addressing gas leaks reported by tenants or visitors
  • Landlords may allow fire escapes, doors, and exits to be blocked with clutter. You may be prevented from leaving the building or delayed long enough to be injured by heat or smoke
  • There may be hazardous, flammable, and easily ignitable materials stored in the building in a location where a fire may start
  • A landlord could be responsible for a fire if a tenant or visitor tells them about a fire hazard and they don’t respond before a fire starts. This can include warning that a tenant is causing a dangerous situation in their apartment
  • Heating systems can start a fire or cause carbon monoxide poisoning if not maintained, repaired, or replaced. A landlord may allow space heaters or fail to enforce a rule against them and could be responsible if one causes a fire
  • If they’re put on notice of a problem, a property owner may be responsible for a fire caused by a defective or unrepaired appliance that they provided
  • If reasonable steps aren’t taken to prevent foreseeable criminal activity on the property, the landlord may be partially to blame if it results in a fire. This can include not taking steps to prevent break-ins, vandalism, and drug dealing on the property

A landlord who doesn’t live up to their legal obligations and causes a fire that results in your injuries, or something they did made your injuries worse, may be legally obligated to compensate you for the harm you suffer.

Lawyers Experienced In Kentucky Premises Liability Law

Satterley & Kelley PLLC attorneys have experience taking on insurance companies and winning when accidents injure innocent people. We have recovered millions of dollars for victims and their families in personal injury verdicts and settlements. We will fight for you to obtain the compensation you deserve due to a property owner’s negligence.

You can schedule a free initial consultation at our Louisville office by calling 855-385-9532 or completing our contact form.

Should I Settle My Car Accident Case?

Kentucky Head-On Crashes Fill the News & Kill Those Involved

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There is no lack of stories in local media about vehicle accidents that back up traffic, injure, and kill those involved. Recently, several crashes involving head-on crashes made the news, reminding us of how common and deadly these accidents are. If you are injured in a head-on collision or a family member was killed, Satterley & Kelley, PLLC can help you recover the compensation you deserve.

Some of these accidents include:

  • A woman died after a two-vehicle collision in Floyd County on October 6, according to WSAZ. The crash occurred on State Highway 114 in Prestonsburg. State police report the driver of a Honda crossed the center line and struck a Chevrolet. Both drivers were taken to local hospitals. A passenger in the Chevrolet, Kayla Elam, died at a nearby hospital due to injuries sustained in the crash
  • The Kentucky State Police state a head-on collision occurred on October 25 in Columbia when Linda Young, of Jamestown, crossed the road’s centerline, entered the oncoming lane, and collided with a vehicle driven by Dana Arnold of Grand Rivers. Linda Young and her passenger, Chris Young, were pronounced dead at the scene, according to WBKO. Arnold suffered severe injuries and was transported to the University of Kentucky Hospital
  • Twenty-year-old Erick Garcia of Marion County faces vehicular homicide charges after two people were killed in a crash he caused on November 2, reports WDRB. State troopers responded to a US 68 two-vehicle crash at the intersection of Jessietown Road. They accuse Garcia of traveling west on US 68 in a pickup truck when he crossed the centerline, went into the opposing lane, dropped off the roadway, and then steered his vehicle back onto the roadway in the eastbound lane, where he crashed into the other vehicle. Roy Wright, 75, and Deborah Wright, 72, were in the other car. She was declared dead at the scene, and he died later at the University of Kentucky Hospital
  • A nursing student at the University of Louisville was killed on the Gene Snyder Freeway in the early morning of November 3. Police reported a man driving the wrong way down the highway crashed into Jayniyah Pullen’s car. Police state he entered I-265 at Dixie Highway and went northbound in the southbound lanes. Pullen and the other driver were killed. She was about a five minute drive from home when the crash occurred, reports WDRB. Police hadn’t released the other driver’s name
  • Patricia Frazier, 32, of Louisa, was killed after a fatal crash in Louisa on the evening of November 7, reports WSAZ. The crash was reported to police at about 7:15 p.m. Police state Frazier pulled onto Ky 644 Lane and mistakenly drove into the wrong lane into oncoming traffic, colliding with another car. The other driver was taken to the hospital for their injuries. Frazier died at the hospital

In 13 days, four fatal head-on collisions killing six people were reported in the Kentucky press. We don’t know how many others went unreported. The Kentucky State Police state that while head-on collisions made up only 3.8% of all vehicle accidents in 2022, they resulted in 33.8% of the state’s 711 fatal accidents that killed 762 people.

What Causes Head-On Crashes?

Frontal collisions may be caused by:

  • Distraction: A driver not paying attention to driving but distracted by a smartphone, air conditioning controls, or a child or pet in the vehicle may not realize they’re drifting into oncoming traffic
  • Fatigue: A driver who feels drowsy or is falling asleep has little control over their vehicle, won’t realize what’s going on, and can’t react in time to avoid traveling into the opposing lane
  • Impairment: Consuming alcohol and illegal or prescription drugs may result in drowsiness, delayed reaction times, impaired coordination, poor judgment, and self-control. Such a driver may enter a highway on an exit ramp, so the vehicle ends up in opposing traffic. A medical event may also impair the driver
  • Unsafe passing: Trying to pass another vehicle if it’s unsafe to do so can cause a frontal collision
  • Lost control: A vehicle problem, like a tire blowout, brake failure, or hydroplaning on wet pavement, could send the car into the oncoming lane

A frontal crash could result from multiple factors, such as a distracted and impaired driver.

Speak To a Louisville Vehicle Accident Attorney Near You

We are your boots on the ground if you or a family member are injured or killed in a Kentucky frontal collision. Call Satterley & Kelley PLLC to talk to a skilled vehicle accident lawyer at our Louisville office toll-free at 855-385-9532 or complete our online contact form to get started.

Asbestos Exposure

How Asbestosis Can Affect You and What You Can Do About It

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Asbestosis is a lung disease caused by inhaling too many asbestos fibers. The result is lung fibrosis (scarring), which makes it difficult to breathe. There’s no cure, but treatments can help manage your symptoms. You need to have fairly heavy past asbestos exposure to develop this condition.

What is Asbestos?

Asbestos is the term for six types of mineral fibers that were widely used in thousands of products for centuries. These fibers are extremely light, strong, and durable. They’re also heat, fire, chemical, electricity, and corrosion-resistant, making them attractive to use in many products.

Why is Asbestos Hazardous?

Asbestos fibers are microscopic and float easily through the air. Fibers can become airborne when an asbestos-containing product is used, installed, sanded, cut, torn, struck, removed, replaced, or it just ages and deteriorates.

If fibers are inhaled or swallowed, they can slice into or penetrate tissue cells. The immune system tries to remove or destroy them, but immune cells fail and are destroyed, causing inflammation and scarring. This can impair the tissues’ ability to function, and over decades, cellular changes can result in several cancers, including lung cancer and mesothelioma.

What is Asbestosis?

Asbestosis is a lung disease caused by scarring and inflammation caused by the presence of asbestos fibers, according to the Cleveland Clinic. They can cause fibrosis (lung tissue thickening and scarring), which hardens or toughens lung tissue, making it difficult to expand.

This inhibits lung function, resulting in many potential problems, including coughing, fatigue, and the inability to breathe fully and “catch your breath.” Asbestosis can cause life-threatening complications and increases your risk of lung cancer.

The longer and more intense your asbestos exposure, the higher your risk of developing asbestosis.

What are Asbestosis Symptoms?

Symptoms depend on the condition’s severity and may not present for 20 to 30 years after your asbestos exposure. The lung scarring typically worsens slowly, so you may not notice what’s happening right away.

The first symptom is often breathing trouble or shortness of breath, especially if you’re physically exerting yourself. Other symptoms may include:

These symptoms depend on the individual and other medical conditions they may have at the same time.

How is Asbestosis Treated?

Treatment is meant to manage your symptoms, preserve your lung function, and slow the condition’s progress. It can’t reverse the damage asbestos did to your lungs. Treatment depends on the disease’s severity and other factors. It might include the following:

  • Oxygen therapy: Getting extra oxygen through a mask or tube in your nostrils should help you breathe better
  • Pulmonary rehabilitation: Behavioral changes and exercise may improve your quality of life
  • Lung transplant surgery: Having a healthier lung can relieve your symptoms and prolong your life, but you will need to address medical issues that can arise from organ transplants
  • Medication: “Anti-fibrotics” can slow your lung scarring but can’t heal it

Before deciding what treatment to use, you’ll need to discuss your goals and priorities with your physician, along with the risks and benefits of each approach.

What are Complications Associated with Asbestosis?

Complications of asbestosis may be life-threatening and include:

  • Lung cancer: People who have asbestosis and smoked cigarettes in the past have an increased risk of lung cancer
  • Mesothelioma: Cancer forming in the lining of your abdomen, chest, or lungs.
  • Respiratory failure: Your lungs don’t function normally, so you can’t get enough oxygen in your blood, so carbon dioxide builds up in your body
  • Right-sided heart failure: Your heart’s right side stops working correctly

If you’re under a doctor’s care, you may be able to prevent these issues from happening or reduce their severity.

Call Us Today for A Free Consultation

If you have asbestosis or another asbestos-related condition, you may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532 or complete our contact form to schedule a free initial consultation.

Commercial Truck Accidents and Tires

Safety Epidemic for US Commercial Trucks, Says App Maker

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A commercial truck is a rolling liability waiting to happen. Computer apps are trying to limit those liabilities by making driving safer and owning these trucks less expensive. One app supplier, Motive, has come up with a list of the country’s most dangerous roads based on the data collected from the last six months of 2023 through the first six months of this year.

Every year since 2021, more than 40,000 people have been killed in traffic accidents. Last year’s 40,990 death toll was the lowest in those three years, according to the Commercial Carrier Journal. But that’s 8,000 more fatalities in the same time frame ten years ago.

Motive’s conclusions are based on data from the more than 1.3 million commercial drivers using the Motive app and information about more than 45 million crashes in the US from July 2023 to July 2024.

The report was recently released at an industry conference where Motive’s chief customer officer, Ryan Plutnicki, stated, “There is a safety epidemic on our highways right now.”

Where and When Commercial Truck Accidents Happen

There are an average of 84 commercial vehicle accidents per 10,000 vehicles on US roads monthly or one crash for every 120 vehicles. Most of them happen on weekdays between 4:00 and 6:00 p.m. During “afternoon drive,” many vehicles move slower in congested traffic, so hopefully, the damage and injuries are limited.  

Many of these accidents happen in parking lots. “We’ve never had as many truck stop accidents as we’ve had the last two years,” PGT Trucking President Gregg Troian stated at the conference. When commercial trucks speed up, collision rates are highest at 60 mph. 

Motive users are involved in about 1,000 collisions monthly, stated Abhishek Gupta, Motive’s vice president of product management. More than half of their fatal accidents (54%) involve large commercial trucks in rural areas. 

Motive estimates that the most dangerous roads for commercial trucks and those driving near them are Highway 41 (Tamiami Trail) and Highway 997 near Tamiami and Kendall West, Florida. There are between 69.3 and 76.2 crashes for every 1,000 vehicles in this area. That’s more than twice the accident rate of what’s next on the list: Highway 285 and Highway 123 near Pecos, Texas (32.17 collisions per 1,000 vehicles).

The report also analyzed the dangers in six major US metropolitan areas: Chicago, Boston, Detroit, Los Angeles, Philadelphia, and Nashville. Los Angeles (11.5 per thousand vehicles on the road) and Detroit (6.5) had the worst monthly collision rates. The areas near or adjoining major airports had the most collisions in all these cities but Detroit.

Motive estimates the most dangerous intersection in these cities was the I-75 and I-375 connection in Detroit, with nearly two crashes weekly. That’s more than four times higher than the next most dangerous area, Nashville’s I-40 and I-24 intersection (1.5 accidents monthly). 

Commercial Trucks and Holiday Driving Hazards

We’re approaching the end of the year, which means three major holidays are coming up: Thanksgiving, Christmas, and New Year’s Day. Along with them come increased traffic and the potential for wet, snowy, and icy weather that can make roads a slippery, hazardous mess.

Motive states that commercial vehicle accidents increase during the holidays. Crash rates go up 32% on Christmas Day compared to the rest of December. Speeding events go up 10% the week before.

Hours-of-service violations peak at Christmas and drop during the two weeks after. Motive found the following:

  • For last year’s major holidays, Christmas has the highest accident rate (54.1), with New Year’s Day (43.9) and Thanksgiving (38.9) next
  • Motive blames winter weather conditions. Almost two-thirds (65.5%) of crashes happened when roads were wet or snowy. Nearly half (47%) of all accidents took place after dark, though there are more vehicles on the streets during the day
  • Contributing factors could also be what Motive pointed out: Drivers could be distracted and tired because they’re driving more hours than they should and faster than the speed limit or at least too fast for conditions

When you drive, be especially careful when it’s dark, the weather is terrible, and commercial trucks are nearby. An ounce of prevention is worth a ton if you avoid an accident with a truck.

Speak To a Kentucky Truck Accident Attorney Today

If you are injured in an accident with a commercial truck in Kentucky, Satterley & Kelley PLLC can get you the compensation you deserve. Put boots on the ground with our help.

You can schedule a free initial consultation at our Louisville office by calling 855-385-9532 or completing our contact form today.

That Snow You See in Older Movies May Have Been Asbestos

That Snow You See in Older Movies May Have Been Asbestos

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Looking at it now, knowing the death and disease that asbestos causes, you may cringe at the sight of actors and actresses performing on sets with asbestos fibers raining down on them. But for a time, given how cheap and available asbestos was for a time, it shouldn’t come as a surprise. Some of these movies are Christmas classics, but the health risks you see on the screen shouldn’t leave you feeling merry.

In the early glory days of movies, filmmakers used what they could find as special effects, according to Movieweb. Many films were shot in studios in warm and sunny Hollywood, California, so there was no snow to be found. As long as something was white and fluffy enough, it could be used as snow, including the following:

  • Salt
  • Sugar
  • Flour
  • Soap flakes
  • Cornflakes painted white
  • Marble dust and
  • Asbestos

Asbestos, the naturally occurring, fibrous mineral used in thousands of products over centuries, causes many fatal medical conditions, including lung cancer and mesothelioma. Though the asbestos industry was aware of asbestos’ dangers, they weren’t widely known when these movies were made.

Here are some movies that featured asbestos in some of their scenes.

1. White Christmas

    This holiday musical starring Bing Crosby was released in 1954. It features a scene with the top-selling musical single of all time, which shares the same title as the movie. The film has the classic Hollywood sugar coating of a plot: the Broadway star Bob (Crosby), an aspiring performer named Phil, and the sister act of Betty and Judy try to save an old inn. The movie features music written by Irving Berlin.

    Not so sweet was using chrysolite asbestos as snow in the scenes calling for frosty white stuff on the screen. The actors and those on the set didn’t enjoy a peaceful snowfall. It was clouds of asbestos fibers. It may have poisoned an unknown number of those working on the set, but it didn’t melt.

    2. Holiday Inn

    This musical, also starring Crosby and featuring the song “White Christmas,” was released in 1942. The film’s central character, Jim Hardy (Crosby), is a heartbroken singer who turns his farm into the Holiday Inn, a Christmas-only entertainment venue.

    Chrysotile asbestos is featured in the movie’s many snowy scenes. That “White Christmas” Crosby sings about during Holiday Inn gets that color from cancer-causing asbestos.

    3. Citizen Kane

    Considered one of the best movies of all time, this 1941 drama stars Orson Welles in his first feature film. Citizen Kane is about reporters seeking to discover the meaning of publishing mogul Charles Foster Kane’s last word before his death (“Rosebud”). At the movie’s end, it’s revealed that was the name of Kane’s childhood sled. The film features asbestos “snow” (including a scene with a child actor).

    4. It’s A Wonderful Life

    It’s another asbestos-containing Christmas classic. It’s A Wonderful Life is about George Bailey (James Stewart), who considers suicide on Christmas Eve but is convinced otherwise by George, his guardian angel.

    It was shot with chrysotile asbestos on the set to create a snowy background, but it wasn’t sprinkled on the actors to recreate snowfall. The snow falling in the movie is a mixture of Foamite (a substance in fire extinguishers), sugar, soap, and water.

    5. Wizard of Oz

    This was the first major color film, becoming part of American culture. It’s the basis of the widely popular book and play Wicked, which has been made into two major movies.

    This 1939 fantasy musical follows Dorothy Gale as she travels with the Scarecrow, the Tin Man, and the Cowardly Lion to find the Wizard of Oz so she can return home to Kansas. Along the way, they battle the Wicked Witch of the West and her nightmare-inducing flying monkeys as they cross the land of Oz.

    In addition to little sleep, heavy costumes, being set on fire, and sprayed in the face with aluminum-based makeup, the cast was exposed to pure asbestos fibers. In one scene, Dorothy and friends wake up in a poppy field covered in what looks like snow. Behind the scene, asbestos fibers were dumped on them.

    6. Goldfinger

    This more recent movie, the third of 27 James Bond films, was released in 1964. The movie had no carcinogenic snow (it’s set in Hong Kong), but asbestos-containing special effects boards were used, and asbestos covered pipes lined the set. A painter who worked on the film died of asbestos-related cancer, according to Asbestos Surveys. In 2007, his widow sued the studio because of his death. 

    Call Us Today for A Free Consultation

    All these movies are fictional, but it’s a fact that asbestos fibers can injure and kill those exposed to them. If you have an asbestos-related disease, you may be entitled to compensation.

    To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532 or complete our contact form to schedule a free initial consultation.

    Poor asbestos safety practices

    $75 Million to Be Spent to Remove Asbestos and Others Toxins from Pennsylvania Schools

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    Pennsylvania Gov. Josh Shapiro discussed a grant program that provided $75 million in state funds to charter schools, public school districts, and career and technical education centers to pay for environmental clean-ups, including asbestos abatement.

    The goal is to provide students with lead-free water and air that’s mold and asbestos-free in buildings. Shapiro announced in September, stating, “Our kids deserve to learn in world-class facilities that are safe and healthy.”

    The Public School Environmental Repairs Program grants cover mold and asbestos remediation, improved water infrastructure, and the installation of machinery to reduce lead exposure. More than a hundred districts, schools, and education centers received funding.

    Schools Burdened With Decades’ Old Asbestos Products Need Help

    The School District of Philadelphia received the maximum grant of more than $7.8 million. The city’s Frankford High School closed last year after damaged asbestos was discovered. Building repairs cost the district $20 million to get the facility in shape to safely reopen. The district estimates it needs about $7 billion for all its capital needs.

    Last year, a judge ruled that Pennsylvania’s school funding system, primarily based on local property taxes, is unconstitutional because it denies students in low-property-value and income districts the same resources and opportunities as those in wealthier districts.

    Philadelphia has the highest poverty rate of the country’s ten largest cities, according to WHYY. Those most exposed to asbestos are those in low and middle-income communities, so it should be no surprise the city has problems with asbestos in its schools.

    Many school districts in Pennsylvania and across the US have buildings that were beautiful and fully functional (if filled with asbestos) after their construction decades ago, but they have fallen into disrepair.

    Some of them still have deteriorating asbestos-containing products that release cancer-causing asbestos fibers. Financial help from outside districts is often required to replace leaky roofs that lead to mold, remove lead and asbestos from schools.

    Call Us Today For A Free Consultation

    If you have an asbestos-related illness, including mesothelioma, you may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

    $15 Million Award in Mesothelioma Case About Baby Powder

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    A Springfield, Massachusetts resident, Evan Plotkin, was awarded a $15 million jury verdict in October after a trial covering his allegations Johnson & Johnson baby powder caused his mesothelioma.

    Plotkin was diagnosed with the asbestos-caused cancer five years ago. Plotkin will likely die of the disease, but he scored a win against the company, reports WGGB. A federal jury in Bridgeport, Connecticut, rendered the decision.

    Plotkin’s attorney told the press that Johnson & Johnson knew its talcum powder was contaminated with asbestos decades ago but didn’t warn the public or take steps to make the product safer. The plaintiff and his family testified under oath that he used the company’s products for decades, starting in his youth and as an adult.

    Plotkin initially sought a $30 million award. He may receive additional money (up to another $30 million) as Plotkin could receive punitive damages at a future date. Johnson & Johnson told the TV station they would appeal the decision. They claim the judge prevented them from using evidence showing the company’s baby powder didn’t cause Plotkin’s disease.

    Take Action Now — Contact Our Firm

    If you develop mesothelioma or another cancer after using cosmetic talcum powder, you and your family may be entitled to compensation for the harm you suffer. Satterley & Kelley, PLLC can be your boots on the ground, seeking maximum compensation for what you’ve been through.

    Call our Louisville office toll-free at 855-385-9532 or complete our contact form for a free initial consultation concerning your case.

    Pennsylvania Mesothelioma Case Ends With $3.8 Million Verdict

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    An Altoona couple was awarded $3.8 million after a jury decided the husband’s former employer failed to protect employees from asbestos. Harry and Rae Chirdon’s verdict included $2.3 million for compensatory damages and $1.5 million for punitive damages from Foster Wheeler Corp.

    For several decades, Harry Chirdon worked as a boilermaker. He was employed by Foster Wheeler for about 10 weeks during that time. The company provides engineering services, manufactures, and services boilers, according to the Altoona Mirror. Their employees worked at locations where asbestos was used.

    After a trial that nearly lasted a week, the Allegheny County Court of Common Pleas jury held Foster Wheeler 100% responsible for Chirdon’s mesothelioma. His attorneys claimed Foster Wheeler failed to follow federal safety regulations and neglected its obligation to ensure that proper safety precautions were followed.

    Call Us Today For A Free Consultation

    If you or a loved one worked as a boilermaker and have an asbestos-related disease, contact Satterley & Kelley, PLLC. Our lawyers can answer your questions, tell you about your rights to compensation, and discuss how you should proceed. Call our Louisville office toll-free at 855-385-9532. You can also schedule a free initial consultation by filling out our contact form.

    Police Accident Reports Set the Tone for Your Car Accident Case

    Are My Vehicle Accident Injuries Caused by a Software Bug?

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    It’s not just you controlling your vehicle anymore. Onboard computers and the software they run on impact practically every aspect of the driving experience in the latest cars. There are costs and benefits to this reliance on high tech, and one of those costs is accidents caused by software meant to keep the vehicle running economically, safely, and smoothly.

    If you’re injured in a car accident after taking care of your health, talk to Satterley & Kelley, PLLC. We can investigate the cause of your crash and help you make the responsible parties accountable for their acts. Schedule a free initial consultation by calling our Louisville office at 855-385-9532.

    Your Next Car May Be a Software-Defined Vehicle

    The phrase “software-defined vehicle” attempts to distinguish between a traditional car enhanced by technology and one that’s run by it, reports Manufacturing.net. Over time, vehicles have added video touch screens and computers to improve gas mileage and emissions. But generally, that tech stays as is after you buy the car.

    Features of future vehicles may improve and evolve as onboard software updates. It’s become about as easy to update your car’s software as it is to update your laptop or smartphone. Automakers use cellular connections and high-speed Wi-Fi to do the job. Instead of going to a dealer in response to a recall due to an equipment failure, your software may be updated without you knowing it.

    Some of what manufacturers are doing include:

    • Adding software-based features like improved touchscreen interfaces, added features like video games, and improved vehicle performance
    • Software bugs can be fixed remotely
    • Facial recognition and fingerprint scanning make starting a vehicle almost as easy as entering and sitting in the driver’s seat. There is no need for a fob or a key (but one’s needed to set up the system) if all the vehicle needs to do is scan your face as your smartphone does. This not only makes driving easier it may make the car more difficult to steal

    Software enhances a vehicle’s ability to do more of the driving. Ford sold pickups and Mustang Mach-Es with the hardware needed for its BlueCruise hands-free driving system, but it added the software later after customers bought them.

    Maintenance is also being impacted. Instead of using a device to physically plug into your vehicle’s computer to diagnose problems, that information’s being transmitted to the manufacturer, which warns you of the problem. The system can also remind you when your vehicle needs maintenance.

    Software Can Be Your Vehicle’s Electronic Achilles Heel

    As software controls more of your vehicle, its problems pose greater threats. Cars that appear to drive themselves are driven by computers, sensors, cameras, and software. In many instances, self-driving vehicles made mistakes that caused injuries and deaths. But software need not be totally in control to cause severe problems for drivers, passengers, and others around them.

    Computers can run the vehicle’s climate control. It may open or shut vents and switch from turning on the heater to the air conditioning. That won’t impact a car’s safety until it stops working and drivers become distracted by adjusting temperature controls they thought would work by themselves. Other distractions can be glitchy screens and controls.

    More serious are problems with driver assist features, like emergency braking or speed controls, which are supposed to keep you a safe distance from the vehicle in front of you. If you’re too reliant on them and they fail, you could rear-end the car in front of you. One recall involving Ram pickups involved a braking system that worked but not as well as it should due to software problems.

    As with other devices that are remotely updated, vehicle computers can be hacked with malicious software. Your vehicle may malfunction or not work at all. It may also be used to spy on you, allowing someone to track where you are and record what you say.

    In 2015, a Jeep Cherokee was remotely hacked as part of a Wired article. Hackers using the internet gained control of the vehicle’s windshield wipers, climate control, and radio from ten miles away. They also projected a picture of themselves on the Jeep’s digital display.

    How This May Impact Your Claim for Compensation

    Drivers are responsible for their vehicles. If they’re not reasonably safe, they shouldn’t be driven. If your vehicle’s buggy software causes a crash with another car, the injured party may sue you, but your vehicle insurance’s liability coverage should address the problem.

    If you’re injured, you may bring a claim against the dealer selling you the defective vehicle and its manufacturer. If the software was developed by a contractor, they might also be sued.

    If you’re the one struck and injured by a vehicle due to its defective software, the other driver, the vehicle’s manufacturer, the dealer selling the vehicle, and the software supplier might all be subject to a lawsuit.

    Speak To A Louisville Car Accident Attorney Near You

    Satterley & Kelley, PLLC attorneys are your boots on the ground if you’re injured in a severe accident in Kentucky. Call us to speak with a skilled personal injury lawyer today. Call our Louisville office toll-free at 855-385-9532 or complete our online contact form to get started.

    Uber, Vehicle Accidents, and Fine Print: Can You Sue Uber?

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    If you’re a passenger in an Uber vehicle involved in an accident, your ability to sue them may depend on whether you signed an arbitration agreement. These contractual clauses are used by almost every industry that sells you something, so you’ll be unable to use the court system to address your legal claims. The Uber accident attorneys at Satterley & Kelley, PLLC represent parties injured in accidents in litigation and arbitration.

    What is a Mandatory Arbitration Clause?

    When you downloaded the Uber app, you agreed to the terms and conditions of use just like 99% of their customers do – without reading them. If you did, you’d find a section stating you’ve waived your right to file legal claims against them in court. They would be resolved through arbitration. This contractual language is a mandatory arbitration clause because you can’t negotiate different contract wording, and you may be forced to use arbitration for your claims.

    Arbitration is an alternative dispute resolution method. If parties can’t settle, the case would be decided in a private office building in a large conference room instead of a trial in front of a judge in a courtroom. There wouldn’t be a judge or jury. Instead, an arbitrator, or a panel of arbitrators, would decide the case. Arbitrators could be attorneys, retired attorneys, or retired judges or attorneys.

    The process is governed by rules the parties agree upon. They will probably be simpler than those that apply in a courtroom, and the proceedings aren’t open to the public. Unless an arbitrator makes severe, fundamental mistakes of law, their decision can’t be appealed to the court system.

    Arbitration can be biased towards defendants. Defendants will be more likely to hire arbitrators with a pattern of decisions favoring them (though both sides have a say in who serves). Juries may also be more likely to be influenced by the emotions of a personal injury case than a legal professional who’s seen hundreds, if not thousands, of such cases.

    Should a car accident victim prefer to go to court? Yes, but there are no guarantees, and plaintiffs can have successful arbitration cases. It’s a less-than-ideal situation (though there are drawbacks to litigating a case, too).

    New Jersey Couple’s Opportunity to Take Case to Court Ended by Pizza Delivery

    State and federal laws cover arbitration issues. A New Jersey couple was in an Uber when their driver struck another vehicle, reports the New York Times. Georgia and John McGinty were severely injured, and they suffer chronic pain as a result.

    Two months before the accident, the McGinty’s 12-year-old daughter asked if she could get a pizza delivered by Uber Eats. The facts are disputed, but the company claims that during this order, their mandatory arbitration agreement bound the entire family to have any legal claims against them resolved through mandatory mediation. They asked the trial court to dismiss the case.

    The trial court judge disagreed with the company, stating that the language didn’t sufficiently describe the differences between the legal and arbitration processes, so it was not binding on the McGintys. Uber appealed, and a September Superior Court of New Jersey appellate division panel decision reversed that ruling.

    The appeals court ruled:

    • The arbitration provision need not have such explicit language
    • Mrs. McGinty previously agreed to mandatory arbitration
    • She gave her daughter the authority to sign the agreement in question when she gave her phone to her

    The court decided that any claims against Uber had to go through arbitration. The family states they’ll appeal the decision.

    Each state’s arbitration laws and how they are interpreted are unique. We don’t know how the McGintys’ case would’ve been decided in a Kentucky court. Whether such a provision is enforceable depends on the case’s facts and applicable law. If there is such an agreement in your situation, the law favors their use, but there’s no guarantee they’ll block your day in court.

    Discuss How You Can Obtain Fair Compensation for Your Injuries by Contacting Satterley & Kelley, PLLC

    A mandatory arbitration clause may keep you out of court if you’re a passenger in an Uber vehicle involved in an accident. However, you can still seek compensation for your injuries. Contact our skilled Uber accident lawyers for a free consultation. We will fight to ensure you receive the compensation you deserve. Call us at 855-385-9532 or contact us online.