Our Children are at Risk When Dangerous and Defective Front Seats Collapse in Rear Impacts and Allow Front Sit Occupants to Collide with Rear Seat Occupants

Auto manufacturers continue to utilize weak, defective front seats that collapse in rear-end crashes and cause deaths and catastrophic injuries. Children sitting in the back are common victims. Children in the back seat suffer serious injuries from seatback collapses in two common scenarios. First, the front seatback collapses and directly contacts a child’s upper torso or head, causing catastrophic spine and brain injuries. Second, when seatbacks fail and collapse rearward, front occupants may be catapulted into the rear occupant space where a child is sitting. Auto manufacturers have known about the dangers of defective seatbacks for decades. Engineering papers dating back to the 1960s have called for stiffer, stronger seats to protect occupants in rear-end crashes. The federal standard for seatback strength in rear-end crashes—Federal Motor Vehicle Safety Standard 207— is grossly inadequate and fails to predict the performance of seats under impact conditions. All major auto manufacturers admit the standard is inadequate. In fact, a lawn chair purchased at a discount retailer can easily pass the standard that regulates seatback strength. Safety advocates and experts have called for improved testing and strength standards for decades. In the 1990s, the federal government sought comments and proposals to strengthen testing standards. Auto manufacturers strongly opposed these changes and argued that improved testing would cost too much. Ultimately, the federal standards remain the same and allow millions of vehicles with weak, defective seats on our roads each year. Sadly, both front occupants and children sitting in the back seat pay the price in rear-end crashes at residential speeds. 

 

The Loss of An American Hero

 

Larry E. Coben

 

I never met Ruth Bader Ginsburg, but I feel like I’ve lost a great Aunt. But, more tragically, all Americans who cherish Democracy have lost a dear champion. Almost all lawyers “learn the law” and practice their trade in quiet anonymity, working for one client at a time. Only a very few Americans have had opportunity, the “will”, and the skill to reshape the lives of so many. When we recount those few Americans who—in modern times—stand out as champions for justice and equal protection for all Americans, we observe the coalescence of their remarkable resolution, their individual genius and the times and circumstances that propelled them to succeed.

 

In modern U.S. history, RBG now joins the ranks of a very select group of heroes who devoted their lives encouraging and battling society to recognize and acknowledge the value of every American regardless of gender, race, religion, appearance, or political persuasion. Some of these heroes succeeded by example, while others succeeded by deeds and words. Judging the accomplishments of these heroes, cast in the setting of their respective times, Justice Ginsburg proudly stands tall with these American heroes (some of which—sadly—you may not recall): Thurgood Marshall, Dr. Martin Luther King, Jr., Presidents Dwight D. Eisenhower, John F. Kennedy and Barack Obama, Chief Justice Earl Warren, Betty Friedan, Bella Abzug, Gloria Steinem, Jonas Salk, Benjamin Spock, Muhammed Ali, Jackie Robinson, Vice President Joseph Biden, Ted Kennedy, Robert Kennedy, John Lewis and Morris Dees. Each of these heroes (and there are many more not named), lived with these common purposes: devotion to proving and establishing that “we are all born free & equal”, “discrimination is wrong”, safeguarding the “right to life”, “equality before the law”, “freedom of thought”, “freedom of expression”, “the right to live without fear of poverty”, “the right to affordable housing, medicine and education”, “the right to a fair wage”, and “the protection of these human rights against the intolerance of those who seek to oppress”. These Human Rights (and others), acknowledged by the United Nations as Universal Declarations, were in large part established and practiced in very public ways by these heroes. And, we must all—regardless of our “political leanings”—acknowledge that but for their efforts, we would all be less free today. “The Legacy of Heroes is the Memory of a Great Name and the Inheritance of a Great Example”. [Benjamin Disraeli]   

 

Justice Ginsburg, we salute you and thank you for your good work. You are a true American Hero.

 

Dangers of Driving Distracted

Texting while driving has become infamously hazardous for the millions of Americans who use mobile devices as well as those of us who come in contact with these drivers on a daily basis. However, this is not the only distraction that impairs motorists today and these inhibitions to safe driving are causing nearly 60% of auto collisions today. End Distracted Driving  been campaigning for years to stop these sorts of crashes from happening. Many times we do not realize the danger we are putting ourselves and others in when we choose to eat a snack on the road or call a friend.

In a presentation series by End Distracted Driving, the reaction time of someone on a cell phone was equal to that of a person with a .08 BAC (Blood Alcohol Content), and someone who was texting was equal to that of a person with a BAC of .16. Texting endangers not only those in the car of the person texting behind the wheel, but also everyone who the driver may hit in their time not focusing on the road. On an average highway where one travels at 55mph, in the five seconds it takes to open a text one will have already traveled a football field’s length. You wouldn’t close your eyes while driving for more than it takes to blink, so why would anyone text and do basically the same thing?

The Problem of Distracted Driving

              If someone asked you to close your eyes while driving on the highway for around five seconds, more than likely you would never comply. However millions of Americans are doing just that every day when they text while driving. If you are driving fifty-five miles an hour and take your eyes off the road for five seconds, you will have traveled one hundred yards; all the while being blind to your surroundings. The following are some pretty scary statistics to think about, especially when preventing these life-threatening situations is as easy as focusing while driving.

• 80% of all collisions and 65% of near crashes have some form of driver inattention as contributing factors. That is over 4,000,000 crashes per year in North America that are caused by driver distraction.

• Cell phone use is attributed to 18% of fatalities in distraction-related crashes.

What makes up the other 82%? Putting on lipstick, reaching over to grab a drink, changing the music, reading a roadmap, eating on the go: The distractions are endless. But they don’t have to be.

• Talking on a cell phone makes a driver 4 times more likely to have a crash or near crash event. Texting makes them 23 times more likely to have this happen.

• Texting slows driver reaction time even more than alcohol! In fact, even making a phone call delays reaction time about as much as having a .08 BAC (Blood Alcohol Content)

              There are many unpreventable dangers when driving, but driving distracted is not one of them. It is a driver’s responsibility to prepare for their drive before they put the car in drive, whether that means making sure the radio is turned to a satisfactory station or that you will not be tempted to answer any messages from your cell phone while driving. Safety of yourself as well as fellow drivers can be a difficult thing to control, but keeping your eyes and thoughts on the road can help keep you safe.

 

But it’s important to realize that distracted driving is not only caused by phones and various other objects. In fact, that sort of manual stimuli makes up only one third of the types of distractions to drivers. One type most people don’t think about is cognitive distraction, which has affected all of us at some point in our lives. Driving while angry, depressed, or even just tired can be just as bad as driving while on the phone. Driving while tired leads to the third type of distraction: visual. Visual distractions can be caused by texting, but also through mental distractions brought on by sleep deprivation of intense thought. No matter what the reason for distraction, there is no excuse for imperiling others as well as yourself by driving under these conditions.

For more information on Distracted Driving, go to EndDD.org, or visit their page on any major social networking website.

 

 

Expensive vehicle safety tech is out of reach for too many

Safety systems aren't valuable if they aren't on vehicles. Too often, this happens when buyers are presented a false choice between safety and affordability.

Automotive innovations are saving lives. While crash fatalities remain unacceptably high — with about 100 people dying on our roads every day — today's new car models include some of the safest vehicles ever created, in part because of crash-avoidance systems that are proved to yield significant safety benefits. But these systems aren't valuable if they aren't on vehicles. Too often, this happens when buyers are presented a false choice between safety and affordability.

Research by Consumer Reports has found that millions of America's most popular vehicles come off assembly lines every year without lifesaving technology that should be standard. Vehicles with blind-spot warning are estimated to prevent up to 26 percent of fatal lane-change crashes, according to insurance claims data. But these systems come standard on just three of the 15 top-selling 2020 models in the U.S. and are completely unavailable on one of them. Instead, buyers usually must pay about $2,500 extra. Getting blind-spot warning on the Ford F-150 costs over $12,000 above sticker.

Upgrade for safety

Clearly, the feature doesn't cost $12,000 — so what's going on? Some automakers are packaging safety systems with add-ons such as premium sunroofs and stereo systems, so the only way to get blind-spot warning is to pay much more. This is upselling on the basis of safety: taking advantage of some buyers who are just trying to protect themselves and their families, and putting lifesaving technology out of reach for others.

We're seeing a similar story for pedestrian detection, an enhancement of automatic emergency braking that can help drivers see pedestrians and hit the brakes sooner than they might otherwise. In 2018, 6,283 pedestrians died after a vehicle ran into them, an increase of 53 percent since 2009.

Too many are too slow

Many of these deaths are preventable, with research finding that Subaru vehicles with pedestrian detection had 35 percent fewer pedestrian-related bodily injury insurance claims than the same vehicles without the feature. Pedestrian detection now comes standard on 13 of the 15 top-selling models in the U.S. — a new and welcome development — but of the two remaining models, the system isn't available at all on the Ram 1500, and you can only get it on the Chevy Silverado 1500 for an extra $16,000.

Consumer Reports incorporates advanced safety technology into our scoring, which has helped move the market on systems such as pedestrian detection. But too many automakers are still moving slowly on too many safety features. That's why Consumer Reports is calling on Congress to pass legislation requiring blind-spot warning, pedestrian detection and other proven systems to come standard on all new vehicles.

More than 36,000 people die on our roads every year, yet access to safety technology is too often limited to those who can afford expensive upgrades. Our roads are much more dangerous than they should be, and automakers are letting their own innovations go to waste. Congress should put an end to this untenable situation for safety.

Automotive News-Op Ed

 

 

 Marathons, Ulramarathons, Life and the Practice of Law

The sum of my knowledge on Marathons, Ultramarathons, and perhaps this applies to life and the practice of law too:

 

1. Train, Train, Train—Practice, Practice, Practice-work hard and love the process.
1. Eat well, drink less alcohol, sleep well, and get up early.
2. Get started. Just get started—You will find your flow and help along the way from family, friends, fellow runners and total strangers. Say thanks and help others along the way.
3. Keep going. In the words of Churchill: “Just keep buggering on”. Persistence, perseverance, relentless forward progress-you will stun yourself with what you are actually capable of.
4. Smile and hug someone at the finish line. Be grateful. Drink a beer. Celebrate.
5. It doesn’t matter where you finish (or sometimes if you finish)-as long as you can look yourself in the eye and know you did your best.
6. Repeat 1-5.

Cash Avoidance Technology (“CAT”) Musings

Crash Avoidance Technology (CAT) is now becoming widely implemented in production vehicles. Both IIHS and NHTSA are working CAT features into their testing and evaluations. CAT is not just some idealized goal to be accomplished in the future, but it is happening right now. Although we might best classify CAT as within the first stage of implementation, automotive manufacturers and suppliers are moving quickly to get this technology on the road. It is expected there will be more that 100,000 autonomous cars on American highways by 2025. We are already seeing these ads on TV, as there is a push to be first to market or on the leading edge. Chevy put out new commercials about Forward Collision Warning (“FCW”) being “available” on its new Chevy Equinox.^[1] These ads show focus groups being introduced to FCW on the Equinox. A focus group member says “Maybe Ford should try to keep up” after the moderator tells them that the Ford Edge does not have Forward Collision Warning. Think about “failure to equip cases.” In addition, these advertisements and others like them could turn out to be valuable evidence as this litigation emerges and AIEG (and yes, you as our star paralegals) should be on the lookout for and gathering these and similar ads for future use.^[2]

A driving force accelerating the trend will be new government mandates for vehicle-to-vehicle communication technologies that are intended to improve safety. But, as the automotive industry has shown, flaws and defects in vehicles continue, although there may be slightly different types of defects as compared to the structural type defects in years past. For example, in May, Honda recalled some 2014-2015 Acura MDX 2WD and AWD, RLX and 2014 Acura RLX Hybrid vehicles, because its Collision Mitigation Braking System could incorrectly interpret certain roadside objects such as metal fences or metal guardrails as obstacles and unexpectedly apply the brakes.

The litmus test for looking for or screening these cases remains similar to our more traditional cases, as one must always ask themselves the question, is this something that just doesn’t seem right? Or something that shouldn’t have happened? Or, how could this crash have been prevented? With the next steps being perhaps good old fashion investigatory work in interviewing the drivers involved and the witnesses to the crash, and documenting the physical evidence. A well trained mechanic could also assist in obtaining a DRB (Diagnostic Readout Box) scan of your vehicle’s electronic system. A DRB Scan Tool is a device that, in conjunction with the electronics in automobiles, may be able to diagnose a variety of problems that may be plaguing the vehicle. All cars produced after Jan. 1, 1996, have been required to utilize OBD-II (On-board Diagnostics) to electronically report vehicle problems upon being scanned. Different vehicle manufacturers require unique tools to be able to scan and diagnose error codes.

Current CAT Technology

The Insurance Institute for Highway Safety (IIHS) has created a program for evaluating the performance of front crash prevention systems to raise consumer awareness of safety options and encourage auto manufacturers to adopt and continue developing this technology. (see, http://www.iihs.org/iihs/ratings/crash-avoidance-features) The program ranks vehicles based on the availability and functionality of two crash avoidance systems. A higher ranking is given to vehicle that utilize Forward Collision Warning, (FCW) the most passive of the front crash avoidance technology, which uses camera, radar, and/or laser equipment for object recognition and speed detection, and alerts the driver via visual, audio, or haptic warning to apply the brakes when the relative speed between a vehicle and object in the road presents a risk of impending collision. Additionally, a higher ranking is given to vehicle based on the functionality of Automatic Emergency Braking, (AEB) the most active of the front crash avoidance technology, which automatically engages the full braking potential of a vehicle to either completely prevent a frontal collision or slow the vehicle down to mitigate severity when an imminent collision is detected.

Other crash avoidance technologies include Dynamic Brake Support, a hybrid of passive and active front crash avoidance technology, which pre-conditions the brakes when a collision is detected so that full braking power is applied with even slight force to the brake pedal, to shorten the vehicle’s stopping distance. Some vehicle also include Pedestrian Detection systems which warn the driver or automatically engage emergency braking when pedestrians are detected either in the same lane as the vehicle or to be moving dangerously into this direction. Bosch is manufacturing Pedestrian Detection systems, while BMW and Toyota are currently implementing this technology.

Apart from crash avoidance technology, suppliers and manufacturers are working on adaptive restraint systems and other pre-crash systems. TRW, for example, is producing the Active Control Retractor, a system that provides full or limited reversible belt retraction when dangerous situations are detected. Similarly, Mercedes has implemented a system called Pre-Safe into their latest line of production, a system which automatically engages when an imminent collision is detected and prepares the vehicle’s occupants by tightening the front seat belts, adjusting the front head restraints and passenger seats, and closing the windows and sunroof.

Adaptive Cruise Control (ACC) technology is another area that will continue to flourish. These systems automatically engage the vehicle’s brakes and acceleration to control the distance between the driver and other vehicles or objects on the road. For example, when the cruise control is set on the highway and a slower moving car merges ahead, a vehicle will automatically engage the brakes to prevent or mitigate a collision. When that car merges back over, the ACC system will bring the vehicle back up to speed. TRW’s system utilizes a 24 GHz ISM frequency band radar sensor to detect relative speeds between a vehicle and object in the road. Bosch is also producing ACC systems, and manufacturers such as Infiniti, BMW, Opel, Cadillac, Jeep, Dodge, Ford, and Toyota have already designed their newest models with this safety feature.

A sub-system of the ACC technology, called the Stop-and-Go system by some manufacturers, is designed for use in traffic jams, and will automatically accelerate, steer within the same lane, and bring the vehicle to a stop. The driver’s vehicle will basically follow the vehicle in front of it as long as it is in the same lane. Accordingly, when the Stop & Go feature is engaged in a traffic jam and a vehicle ahead merges into a separate lane, your vehicle will begin to follow the next-in-line forward vehicle. The system developed by Bosch will automatically activate, when the ACC function is being used, at speeds below 20 mph. Bosch has stated that “[i]n the following years, the system will be enhanced to cover ever-faster speeds and more complex driving situations, including automatic lane change.” Manufacturers including BMW and Jeep are currently utilizing this feature in their 2015 production line

Additionally, Lane Assist systems, including such technology as Lane Departure Warning (LDW), Lane Keeping Assist (LKA), and Lane Centering Assist (LCA), are all designed to promote lateral safety. LDW is a camera-based system that provides a driver with visual, audio, or haptic (involving a vibrating steering wheel or seat) warning when the driver’s vehicle unintentionally crosses a road lane marking or the edge of the road. LKA is also a camera-based system and is designed to utilize electronically powered steering to provide counter-steering torque to assist the driver in moving back into the center of the lane. LCA is essentially an LKA system, except that its purpose is to continually assist the driver in keeping the vehicle in the center of the lane. To prevent misuse of the system for autonomous driving, both the LKA and LCA employ hands-off detection systems. Furthermore, for safety reasons, both the LKA and LCA are designed to be easily overruled by the driver. Automotive suppliers producing this technology include TRW and HELLA. Manufacturers currently implementing Lane Assist technology include Infiniti, BMW, Opel, Mercedes, Cadillac, Jeep, Hyundai, Honda, Ford, and Toyota.

Similar to the Lane Assist systems, Side View Assist (SVA) systems promote lateral safety by continually monitoring a range of area alongside and diagonally to the rear of the vehicle through an ultrasonic sensor. When another vehicle is situated in the monitored area, a warning LED light may display in the driver’s side mirror. If the driver uses a turn signal while a vehicle is in the monitored area, an audible warning will activate. The SVA system is not activated by stationary roadside objects, such as guardrails, poles, or parked vehicles. Bosch is currently producing SVA systems, and manufacturers including Infiniti, Opel, Mercedes, Cadillac, Jeep, Hyundai, Honda, and Ford, have implemented similar technology into their current line of production.

We will also be seeing a big jump in rearview safety, as NHTSA has issued a rule under the Federal Motor Vehicle Safety Standards (FMVSS) that will require all new vehicles weighing less than 10,000 pounds to have rearview visibility systems giving the driver a 10-foot by 20-foot zone of vision directly behind the vehicle while backing up.[3] Although the rule does not explicitly mandate the use of cameras to achieve this goal, the most practically available means of compliance would require auto manufacturers to install rearview cameras. NHTSA has included a phase-in period to ease the burden on manufacturers. For new vehicles manufactured after May 1, 2016, but before May 1, 2017, 10% of all new vehicles must be in compliance; 40% new vehicles manufactured after May 1, 2017, and before May 1, 2108, must be in compliance; and, finally, for new vehicles manufactured after May 1, 2018, 100% of a manufacturer’s fleet must be in compliance with NHTSA’s rearview visibility requirements.[4] NHTSA estimates that 58 to 69 lives will be saved each year, not including injuries prevented, once the entire on-the-road vehicle fleet is equipped with rearview visibility systems that meet these requirements.[5]

Moving Forward

Despite what the manufacturers have told us, CAT technology will fail and crashes will be out there. While we hope the opposite is true, we must continue to be on the lookout for cases involving defective CAT technology. And we must be just as eagerly monitoring for the “failure to equip” cases, in other words not having this technology as standard equipment on all vehicles, including commercial vehicles. Other cases may involve the technology simply not performing as intended or expected, such as the problems noted above with the Acura Collision Mitigation Braking System incorrectly interpreting certain roadside objects like metal fences or metal guardrails as obstacles and unexpectedly applying the brakes.

The legal profession as it has always done, will play a critical role in protecting the American public, and holding the automotive industry accountable when their vehicles fail and harm the public.

---

[1] See Math Problems and Think Fast, www.chevrolet.com/films.html (last visited Nov. 30, 2015).

[2] See Demolition Derby 2014 Mercedes Benz M Class, https://youtu.be/xU8NuH9QDhQ (last visited Nov. 30, 2015). Such ads may be useful to show drivers are entitled to rely on this technology.

[3] 49 C.F.R. § 571.111 (2014).

[4] 49 C.F.R. § 571.111 (2014).

[5] Rule Document on Rear Visibility, http://www.regulations.gov/#!documentDetail;D=NHTSA-2010-0162-0256 (last visited Nov. 30, 2015).

Our Personal Health

How Rich is Your Life?

By Angela Myers

If you are reading this article, good chances you are someone with drive, with grit, someone who loves the feeling of being successful.  You will give full focus to do whatever it takes to move towards the goal or the win.

These are qualities we admire.  Your ability to push forward, work hard, and be focused creates both financial wealth and success in your career.  However, these strengths create deficits in our personal lives when left unbalanced.  Suicide rates within the legal profession are higher than any other profession!  Over 28% of lawyers struggle with depression,  and others chart high levels of anxiety, problematic drinking, and chronic stress.  Research suggests lawyers are the most unhappy group of professionals in the western world.

There are many theories as to why this profession depletes individuals, however, the purpose of this message is to introduce you to a paradigm that will lead you to a happy and fulfilling life as you begin to take actions accordingly.   

Having a rich life experience is achieved by building up multiple areas of wealth!   Wealth is often related to finances, but wealth is actually much more expansive than the abundance of money or assets you own.  The definition of wealth we will use here is “having an abundance of resources”.  There are 8 sources of wealth, only 1 of them being your MATERIAL/FINANCIAL wealth.    If you invest in these 7 other sources of wealth,  you will be truly wealthy, deeply content, and profoundly happy!  Here I will share 4 sources of wealth that are the most likely to be underdeveloped for those who practice law.

The first source of wealth is your RELATIONSHIPS.  “The quality of your life is the quality of your relationships”- Tony Robbins.   What if you had a robust and abundant bank account, yet were alone, estranged from your family, divorced, with minimal/superficial friendships?  Each night that you spent alone in your beautiful house, or even spent at a party with people who didn’t know or really care about you, you would feel empty and lacking inside.   Richness in life comes from having deep, loving connections to others and mutually life-giving relationships.  This could come from relationships with our romantic partner, a few great friends, perhaps our family, and/or our children.  Giving and receiving of love and care is a basic human need that cannot be met with other substitutes.   Quality relationships take time to grow, just like a bank account.  They grow by your being intentional to give your spouse/partner what THEY most need (time, attention, gifts, affection, etc).  It’s being intentional to keep good friends in your life.  It’s taking time to let your kids know you are proud of them and love them, or to make time for something that’s important to them.  Taking little actions every day, week, and month will build up the “bank account” of quality relationships in your life.  Take inventory of the wealth of your relationships….are they rich and fulfilling?  Are they conflictual, or aloof?   What is one action you could take today that would build up a quality relationship in your life?

Another area of wealth is your PERSONAL HEALTH.  “Man sacrifices his health to make money, then sacrifices his money to recuperate his health” -Dalai Lama. Even if you had great relationships and 10 million in the bank,  if you had not invested in your health you could find yourself too unwell to enjoy life.   This is another area of wealth that requires small investments, every day, to build up deep health.  You invest in your health with small, consistent deposits such as getting 7-8 hours of sleep,  reducing stress (chronic Cortisol), by eating clean and nutritious foods, by exercising and caring for your body, or  avoiding toxins that would strip health such as tobacco, processed/fried/sugary foods, and excess alcohol or excess caffeine.  Your physical health is one of your greatest assets, allowing you to live a full, rich life and enjoy people and experiences.   What is your personal health account like?   What is one action you could take today that would increase the level of physical health in your body?

A third source of wealth is EMOTIONAL/ SPIRITUAL WEALTH.  Being emotionally and spiritually wealthy means that you are able to experience peace, joy, and a sense of wellbeing in life.  Many people achieve financial success, and success in their career, yet carry persistent pressure and anxiety that keeps them from fully enjoying special moments.  I have coached highly successful professionals who can count on one hand the amount of times in their lives they felt truly relaxed.   If our thoughts are anxiety-provoking, and the way we talk to ourselves is negative or harsh or never satisfied, we will not possess a rich internal life.  If our most dominant feelings are heavy (anxiety, frustration, disappointment, guilt, not-doing-enough, feeling insignificant, etc), we do not have a rich inner life.  There are several ways in which you can build emotional/spiritual wealth!  Some people find it through religion, attending services or meetings.  Some people build it through meditation and breathwork.  Some people invest in their spiritual health by spending time in nature, feeling inner connection and presence.  Some people read or listen to personal development material that helps them change negative thought patterns.  Some people practice gratitude or self-compassion.  Journaling, prayer,  counseling/coaching…..these are other examples of small actions that begin to build a rich inner life.  How rich is your inner life?  What can you do to invest more in this area?

Wired deep into every human is a need for contribution, to feel that we made a difference and impacted our world.  Another area of wealth is IMPACT.  This means giving to others, to the community, having a sense of purpose, impacting someone’s life for the good, leaving the world a little better.   When we live without purpose, without impact, we have a sense that something is missing.  We are neglecting one of our human needs!  Life will not feel deeply fulfilling unless we extend ourselves to others.  The Dead Sea in the Middle East does not support life  because it doesn’t have an outlet, or outflow.  The water it receives is trapped, contained within itself, and left to evaporate.  Other oceans that have outlets (flow in and flow out) are teaming with life.  So with us, when we keep our focus, energies, and resources all for ourselves and do not have an outflow, we will not experience a sense of fulfillment in life.  A few ways to build wealth in this area are to contribute financially to a cause, to give your time with volunteering, to contribute your intellectual resources (ex: advocating or mentoring), to give of your talents to help others.  How are you impacting the people and world around you?  What actions could you take to increase this area of wealth in your life?

Many of these areas of wealth effect each other, as the tide rises all boats.  What if you spent time growing your emotional and spiritual health?  As you experienced more peace and joy, your cortisol levels would drop, your body would become physically healthier and also your relationships would improve!   What if you invested in your level of impact?  Your level of emotional/spiritual health would also increase as you felt happiness and fulfillment from meeting your need for contribution to a cause greater than yourself.   

As you read over these 4 sources of wealth, perhaps you realized that one or two of these are in a deficit, or underdeveloped in your life. Maybe you have not invested consistently in a few of these areas, or even recognized them as potential areas of wealth.  For those that practice law, the tendency is to be too heavily focused on career and finances (2 areas of wealth I did not expound on in this article).  While success in your career and finances may be abundant for you, they may not be in balance with the other 4 equally important sources mentioned previously.   This lack of balance would create the “warning signals” that research has shown us are so  prevalent in this profession.  

When our sources of wealth are not balanced, we will know.  There will be anxiety, restlessness, lack of peace,  distress in relationships, failed health, lack of meaning in life, inability to sleep,  and many more signs.   These are not problems, they are signals,  like check engine lights that come on to warn us that something is wrong and in need of attention.  Pay attention to your signals, they are given to you to tell you that something is out of alignment and calling you to action!  Most of us just want the signals (mentioned above) to go away.  Our greatest tendency is to either numb ourselves or treat the signal instead of addressing the deficit.   Imagine if your “Low Fuel” light came on in your car and you just covered it with a piece of duct tape so you didn’t see it, or pulled a fuse to make it go away!  You did not address the deficit in your tank, only got rid of the annoying light.   We tend to get a pill from the doctor to manage our anxiety, or have another glass of alcohol after a fight with someone we love.  My encouragement to you is to listen to these signals (problems), turn towards the source, and to take action on the deficient area.    The signals are telling you that your account is overdrawn and the action needed is to start making slow, consistent deposits to get these sources of wealth to a place of abundance over time. 

Life is most rewarding and rich when we live with abundance in all of these areas of wealth.   My intention for you is to be empowered by this paradigm, to be emboldened to face your areas of deficit, and to be encouraged to make small deposits every day.

Angela Myers is a Personal Development Coach, Presenter/Speaker,  and Author, with her most recent book titled “Living Younger”. 

Life, 5Ks, Marathons and Ultra Marathons

As it turns out life is a lot like the 5K, Marathon and UltraMarathon, in fact Life is the ultimate ultramarathon.

You cannot succeed without the ultimate support crew, friends and family, who often work harder than you do, with one goal in mind, to unconditionally support and help you.

The preparation, the persistence, perseverance. The relentless forward progress.

Some people are born with it, most of us have to work really hard at it. Hard work outlast talent. The will to win means nothing without the will to prepare.

The anticipation of the start, the excitement in your stomach, the fear that almost paralyzes you as you toe the start line, you want to turn back, but no you can’t, you have prepared for this, you know what you have to do, oh the excitement. The spirit of friends and total strangers coming together with a common bond, a common goal, to get to the finish line, in one piece.

Sometimes it’s a sprint, sometimes a long and beautiful road, other times its brutal and painful. Run, walk, crawl, just keep moving, and smile, but, then again, there are those times when you just need to lay down where you are and take a nap.

There will always be someone with fancier running shoes, a nicer watch, better gear, who cares, you are perfectly fine with what you have and that’s all you need.

On any given day, there will always be someone faster, someone stronger, someone who looks better, you will always feel like you are chasing someone or something, and someone will always be chasing you. In the end, its just you and the clock. Time, it is what you chose to do with your time that matters.

Someone in the past has mapped the course for you, shown you the way, but, sometimes you just got to take your own path. There will be support along the way, total strangers at aid stations to support you with food, water and a hearty cheer. All along the course there will be familiar and unfamiliar faces cheering wildly, shouting encouragement, for you, then again, you will encounter some jackass or jerks along the way, that’s their problem, be better than them because you are. You can never control what other people do, but, you can control what you do.

There is the joy, energy, enthusiasm, spirit and vigor at the start that will inevitably fade, then wax and wane, as the miles pile up, and you wonder why you are doing this, how hard it is, I paid money for this? Then again, sometimes, as Winston Churchill put it, “you just got to bugger on”.

Sometimes you wonder what you are running from, other times what you are running to.

There are the hills, mountains, flat roads, down hills and the valleys, the roller coaster of life, hang on and just keep making relentless forward progress. Slow and steady. The highs are never as high as they seem or look, what goes up must come down, and the lows are never as bad as your mind imagines them to be, and you always come back up, just hang on and enjoy the ride.

When you look up the mountains may seem daunting, or the task at hand may sound insurmountable, but, then you look inside yourself, put one foot in front of the other and you find your space, your flow, mojo, you got your ying and your yang. Unstoppable.

Your mind and body are capable of anything, and so much more than you could possibly think possible, you are only limited by self-doubt, or you let other people’s perceived limitations hold you back. Just because someone else thinks they cannot succeed does not mean you can’t. Sometimes you just got to put one foot in front of the other and set out, put the pen to paper, stand up and give the opening, get your flow and keep rolling and rolling, beyond anything once thought possible.

It will get hot, damn hot, plan well and drink your water. You will come upon someone struggling, you need your water, but they need it more than you do, and you, of course will give your water bottle to them and help them along to the next aid station, because it’s the right thing to do. Then out of nowhere, that same person will come flying up to you in the middle of the night with life’s “second or third wind” and you will smile, be happy for them and happy to have helped along the way. What comes around goes around.

Sometimes they let horses in the race. Humans and animals together. The horse will clomp up behind you on a hill while you are eating pringles, so you share your pringles, and while you and this “animal” don’t share the same language as you look into their eyes, you see gratitude, and you know you have a friend for life, even though you will never see each other again.

There will be times were you just got to step off the trial dig a hole, grab some leaves and take care of business, then bury your troubles, that’s life, sh&% happens, take care of it and move on.

Maybe everything will go according to plan, then again, we all know what usually happens with the best laid plans. As Mike Tyson said, “everyone has a plan until you get punched in the mouth.”  The weather, coronavirus, blisters, upset stomach, or you just have a bad day, adapt, improvise, change it up, bugger on, survive and thrive, but, never, never, never, never give up.

The sun may shine, it may be pouring rain, the wind in your face or at your back, take each step and day as it comes and find its joy. The risk of doing something in the moment.

A mile may seem like a long way away, or just around the corner. Its all a matter of perspective.

There will be times where you feel on top of the world and a 5K sounds like a piece of cake, then again, maybe you are recovering from that latest injury or setback and you are ecstatic to make it to mile one, or you look over and you see the will power and determination of someone recovering from cancer finishing right there beside you and you are overwhelmed with joy for them and awestruck with their determination and grit. Find your inspiration, be someone else’s inspiration.

A total stranger will see your hurting and are in need and they will help. No questions asked, wanting nothing in return, just offering help and support. Success through sharing.

You may take the wrong path and get lost and miss qualifying for the Boston Marathon by ten seconds. Then some forces of evil place bombs near the finish line causing many, many people terrible and horrible loss and pain, but from that loss and pain rises strength and hope. Strong on! Someone or something is watching over you.

You will have your successes, but, remember what got you there, because success is not guaranteed the next time.

Sometimes you just need to go it alone, fly solo for a while, other times you will want a companion, someone to confide in, or a whole group to carry you along. To listen to your troubles, but mostly you will need to really, really listen to others.

You may lose your training partner, or training buddies along the way, but, you must carry on, that is what they would have wanted and what you would want them to do for you.

Then there is the approach to the finish and the finish.  There will be times where the crowds and cheering are deafeningly loud, then there will be times where its just you and the finish line.  Finish the job, finish what you started. Sometimes you just won’t be able to “finish the job” or you “lose the trial”. There is no such thing as failure because you learn from the journey are better off for taking it, and you get back up, dust yourself off, and step up to the next start line. Refuse to give yourself permission to be defeated.

Even when you finish and the fanfare is over, there is the what’s next? What are you going to do now? How are you going to top this? Take time to enjoy and savor the moment, you deserve it, you earned it. Find the joy and grace in the moment.

Congress Stands Up for Victims of Truck Crashes

On June 18, 2020, Congress passed an Amendment to the INVEST Act by a vote of 37-27 that will help families devastated in truck crashes and help make America’s roadways and the trucking industry safer.

The full bill (The INVEST Act - otherwise being referred to as the Surface Transportation Reauthorization Act) will be brought up for a floor vote as early as July 1. The Senate has a different version of a Surface Transportation Reauthorization that has already passed committee. It has not yet been scheduled for a full Senate vote.

When a person suffers life threatening injuries due to the negligence of motor carriers, families struggle with the costs of long-term care and the loss of income when a person can no longer work, threatening the families with lifelong economic instability. For families that undergo tragedy, it often comes as a surprise that despite a Congressional mandate in the 1980s, minimum insurance requirements for interstate truckers have remained unchanged. This amendment approved by Congress remedies this wrong by increasing commercial motor carrier insurance minimums to reflect current increases in inflation.

Background: The Motor Carrier Act of 1980

Congress has long recognized the connection between the issue of financial responsibility and the fitness of carriers operating in interstate commerce. The Motor Carrier Act of 1980 specifically set out to ensure public safety by requiring insurance minimums to be updated regularly. While the minimum insurance level in 1980 for general freight carriers was $750,000 per accident, the intent of Congress was to increase the minimums regularly[1], on pace with inflation. This increase has never occurred.

In 2014, the Federal Motor Carrier Safety Administration (FMCSA) released a report to Congress that examined the adequacy of the current financial responsibility requirements for motor carriers. The conclusion was clear: today, the costs of injuries and fatalities arising from crashes far exceed the minimum insurance levels interstate operators are required to carry. Moreover, the report found that in real terms, insurance premiums have actually decreased for the same level of coverage since the 1980s. As a result, injured Americans are often not appropriately compensated for life-altering injuries.

The Amendment helps provide the following protections to victims of heavy truck crashes:

·       Increase the statutory insurance minimum for general commercial motor carriers.

The amendment would increase the insurance minimum required for general commercial motor carriers from the current limit of $750,000 per accident to $2,000,000 per accident, to reflect increases in inflation.[2]

·       Require adjustments for inflation every five years.

In the amendment, the Department of Transportation is required, in consultation with the Bureau of Labor Statistics, to adjust the minimum insurance limit for inflation every five years so that it will not take over 40 years to update the limit in the future.

·       Ensure that insurance levels adequately cover crashes.

The amendment is a start, but, there is  a long way to go in making sure that crash victims are no longer left without the financial resources to pay medical bills or restore the quality of life enjoyed before the trucking crash. It would also help alleviate the burden of health care costs on taxpayers as it would ensure that Medicare and Medicaid are not shouldering millions of dollars of medical care each year due to inadequate insurance.

·       Create a real financial incentive to enforce safety.

The amendment establishes an increased minimum level of insurance so that free market forces would appropriately incentivize insurance companies and motor carriers to enforce safety.

Our roadways, communities and families deserve this safety protection and security. Its time for the full Congress and Senate to do the right thing, make up for 40 years of lost time, account for inflation and increase the minimum insurance for commercial motor carriers from $750,000.00 to $2,000,000.00 to help protect American citizens and tax payers from footing the bill when trucking companies violate safety rules that cause devastating consequences. It is time for accountability and responsibility.

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[1] H.R. Rep. No. 96-1069 at 43.

[2] The value of $750,000 was adjusted for changes in prices based upon the Consumer Price Index as provided by the Bureau of Labor Statistics (BLS), http://www.bls.gov/cpi/data.htm.

What is a Trial Lawyer

What is a Trial Lawyer?

Predatory.

Greedy.

Someone who will lie to win their case.

Ambulance-chaser.

We have all heard the stereotypes, and for some lawyers, these sadly hold true. But like most stereotypes, this dangerous misperception of the whole profession is based on inaccurate or incomplete information, at least as it relates to most of us.

I am proud to be a trial lawyer, and you should be too!

We strive to make the world a safer place.

We help families of victims of wrongdoing, whose lives have been blindsided and thrown into chaos through no fault of their own.

We strive to improve the lives of everyone we meet.

We help enforce safety rules that protect us, and we hold those that violate safety rules accountable for the damage they have caused.

We deter repeated violations of safety rules so that preventable tragedies do not repeat themselves— because if negligent wrongdoers get away with it, conduct rewarded is conduct repeated, and, with business as usual, next time it may be your family that ends up in misery land.

For example, more than 400,000 patients die each year in hospitals due to medical errors, according to a recent study published in the Journal of Patient Safety. Without trial lawyers holding hospitals and doctors accountable for these systems failures, the number of preventable deaths will increase.

The Ford Pinto, the Exxon Valdez oil spill, Ford Explorer/Firestone tires, and the Takata exploding airbags are all examples of tragedies where the government was unable to hold corporations accountable for their violation of safety rules and damages caused. However, trial lawyers and juries were, while also deterring other corporations from similar conduct—helping make our families safe.

Trial lawyers hate injustice. We reject the notion that might makes right.

We trial lawyers go to court for our clients to help repair the damage done to their lives, to help make sure safety rules are followed, and to deter future violations. Most lawyers desperately try to avoid going to court, but we trial lawyers are a different breed. We give our all—sometimes to our own and our families’ detriment—missing important family events or sacrificing our own health as we put in the necessary time to prepare and provide our clients the best preparation possible for their day in court.

As much as we pour ourselves into our clients’ cases, as much as we care about our clients, and even with all the sleepless nights, time away from our families, missed meals, and sometimes a late night beer or glass of wine, we trial attorneys must also take care of ourselves so that, in turn, we can better take care of our clients and our families.

One of my favorite books is Touching the Void by Joe Simpson. It narrates the ordeals faced by Joe and his climbing partner, Simon, as they were the first to climb Siula Grande in the Peruvian Andes. There are many parallels to the life of a trial lawyer and their story, from the preparation to the hard work to the life-altering falls. There are also many lessons, like the realization that the greatest danger may come when we least expect it, or when we think we may have already overcome the hardest parts. But to me, the most important lesson is the following quote that applies to us as trial lawyers, as well as moms and dads, neighbors and friend.

“Ultimately, we all have to look after ourselves, whether on mountains or in day to day life...[T]hat is not a license to be selfish, for only by taking good care of ourselves are we able to help others...[I]n the complexity of everyday life, the price of neglecting this responsibility might be marriage breaking down, a disruptive child, a business failing, or a house repossessed."

"The trick is to anticipate all the possible consequences of what you set out to do so that, if things do go wrong, you are better able to stay in control

We share our clients’ pain; we listen quietly to stories of misery from those who have lost a son, daughter, husband, wife, or parent, or have been paralyzed, burned or brain-damaged by someone’s violation of safety rules or by dangerous products. We take our clients’ problems and miseries home with us, because we trial lawyers care. But we must also not forget to take care of ourselves and our own families. This means getting enough sleep, eating healthily, perhaps drinking in greater moderation, meditating, finding time with our own families, going to cross-country meets, and watching lacrosse games and tennis matches. We must also keep ourselves physically fit, work out and keep ourselves in shape. Trials and the preparation that goes along with them are emotionally and physically demanding—the trial lawyer’s ultramarathon.

So this is who we are. We are the ones whose faces are marred by dust and sweat and blood. We are the ones who know the great enthusiasms, the great devotion; who spend ourselves over and over again in worthy causes to right another wrong, to find justice and put it where it belongs, to save a family and protect our community. We are the champions who will help hold those who violate our safety rues accountable for damages caused, and keep our families safe.

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Jeep Wrangler

The Jeep Wrangler still rolling over after all these years.

This is the 2019 model year rolling over in an Insurance Institute for Highway Safety offset frontal impact.

https://www.cnn.com/videos/business/2020/05/08/jeep-wrangler-crash-test-orig.cnn-business

Volvo recalls several models over automatic emergency braking flaw

The AP (3/18) reports Volvo has issued a recall covering a number of 2019 models sold in the US “because the automatic emergency braking system may not detect obstacles and stop the vehicles as designed.” The automaker “says in government documents that a software-hardware incompatibility glitch causes the problem. If the system doesn’t work as intended, it can increase the risk of a crash, Volvo said in documents posted Wednesday on the National Highway Traffic Safety Administration website.”

        Roadshow (3/18, Szymkowski, 1.99M) reports in documents filed with NHTSA, Volvo “said it will recall 121,605 vehicles for possible automatic emergency brake failure. Volvo said 2019-2020 S60, V60, V60 Cross Country, S90L, V90, V90 Cross Country, XC40, XC60 and XC90 models are all included in the recall. In other words, the entire Volvo lineup.”

        Consumer Reports (3/18, Barry, 14.23M) says new hardware being used for the AEB system “might not be compatible with the software installed on certain vehicles built before March 2020. As a result, the AEB system might not detect objects or pedestrians.” To fix the problem, “dealers will update the incompatible software, free of charge.” Cars (3/18, 1.24M) also reports.

NTSB determines probable causes of fatal March 2018 Tesla crash

In continuing coverage, Ride (3/2, Wakelin) reports that the NTSB “held a public board meeting and issued nine new safety recommendations after its investigation into the fatal crash of a Tesla Model X using Autopilot, according to its press release.” The NTSB determined that the probable cause of the accident was the “Autopilot steering the car into the crash attenuator combined with the driver’s lack of response due to distraction from his cell phone.” The NTSB “also determined that the driver relied too heavily on Autopilot, which is a partial self-driving system that requires driver attention and hands on the wheel at all times.” Four of the nine recommendations “were made to the National Highway Traffic Safety Administration,” and they included “expanding the new car assessment program for forward collision avoidance systems, evaluating Tesla’s Autopilot-equipped vehicles for defects, working with the Society of Automotive Engineers (SAE) to evaluate Level 2 automation technologies, and developing standards for these systems.”

        Automobile Magazine (3/3, Lassa, 3.25M) reports that the NTSB “told Tesla and five other automakers they should limit use of automated systems to specific conditions for which they are deemed safe, and to improve monitoring of drivers to make sure they have their hands on the wheel and are focused on the road, according to the [New York] Times.” The NTSB also “called on Apple to ban non-emergency use of company-issued devices while driving and called on other electronics companies to lock drivers out of their devices, or limit what they can do while behind the wheel.”