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Mark W. Davis

mdavis@stark-stark.com
609.895.7354

Mark W. Davis, Shareholder, is a member of the Personal Injury and Medical & Professional Malpractice Groups in Lawrenceville, NJ. Prior to joining Stark & Stark, Mr. Davis actively practiced in Florida and California, and maintains licenses in those jurisdictions. Mr. Davis concentrates his practice to medical and professional malpractice, personal injury, and products liability. In 2009 and 2010, Mr. Davis was named as a New Jersey Super Lawyer by New Jersey Monthly Magazine.

Entries authored by Mark W. Davis

What You Need to Know About Bicycle Helmets

If you ride a bike in New Jersey you are required to wear a helmet. This is not only good safety practice, it’s the law. But strapping on your old helmet may not be enough to keep your noggin’ safe in the event of a crash. Bike helmets have a limited life-span, irrespective of whether they’ve been involved in a collision, and they must also be properly sized and fitted in order to function properly.

Bike helmets use a type of semi-rigid foam to absorb impact from a crash.  The foam is intended to deform when subjected to an impact and, in so doing, it acts similarly to a crumple zone on a car, absorbing some of the force from the crash.  However, the foam will degrade with the passage of time and with being subjected to the elements, to the chemicals in a person’s sweat, etc., which causes the foam to become stiffer or to otherwise lose some of its ability to absorb shock.  Most data suggest that helmets be replaced every 5 years even if they have not been in an accident.  And every helmet which has been subjected to the force of an impact should be replaced, even if it looks fine to the eye.  There may be damage to the foam that is not visible and this may limit the helmet’s ability to do its job.

In addition, it is important to insure the helmet is properly fitted.  Here are some tips compiled from Consumer Reports and the National Highway Transportation Safety Administration to insure you get the right bike helmet:

  1. Be sure to try the helmet on before you buy it.  Different brands will fit differently and will employ different adjustment systems.  Experts say the helmet should fit “snugly”, but “should not feel uncomfortably tight”.  
  2. Be sure the helmet is properly positioned.  Many people wear the helmet improperly.  Your helmet should sit level on your head with the front covering the forehead and resting just above the eyebrows.  Never tilt the helmet up so the front rests above or on the top of the forehead as this leaves sensitive portions of the brain vulnerable to injury.  
  3. Verify the straps are properly positioned .  The side straps of most bike helments will branch out to form a “V” between the neck fastener and the helmet/strap attachment points.  The bottom of the “v”  should be positioned to fit comfortably below your ear.  The chin strap should be tight enough that you feel the helmet pulling down on the top of your head it you open your jaw fully, and experts say you should not be able to fit more than two fingers between the strap and your chin.
  4. Kid’s helmets should fit properly NOW.  Don’t buy your child a helmet that they will “eventually grow into”.  It should fit them properly NOW, and should fit them the same way an adult’s helmet fits.  Otherwise, it may not protect them in the event of a crash.
  5. More expensive does not necessarily mean better.  So long as you are purchasing a quality helmet from a reputable manufacturer, you need not break the bank to get a good bike helmet.  Like anything associated with bicycles, there are a range of prices available.  Material choices, weight, options, brand, etc., will all impact the price point for a helmet.  There are a number of web sites with safety and rating information on helmets you can turn to for more information.  Amongst these are: ConsumerReports.org, BikeRadar.com, and the web sites for Bicycling magazine and Outside magazine.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

Tractor Trailer Accidents: Who is responsible when a load spills?

One common cause of accidents involving tractor trailers and other commercial vehicles is cargo falling into the roadway from the vehicle’s bed or trailer. Proper securement of cargo is crucial to the safe operation of a heavy truck. When loads shift or spill, the results are often deadly.  

The trucking industry is governed by many rules and regulations, including the Federal Motor Carrier Safety Regulations. These rules specify, with great detail, the manner in which loads must be secured and the frequency with which the load must be checked to verify that the load has not become loose. Depending on the size, shape and quantity of goods being carried, a variety of specialized equipment is required to secure any given load, such as cradles, special straps, tie downs, shoring bars, etc.

A properly secured load should never spill and when it happens, it is almost invariably due to the fact that the load was not properly secured to begin with, that the driver failed to perform a standard check of the load, or because the securing equipment was in poor condition.

Because of the extreme hazards which can be presented by transporting cargo, the driver of a heavy truck is required to know the rules governing load securement every bit as well as the people who load the vehicle in the first place. Regulations mandate that drivers perform a safety check of their trucks before embarking on a trip. This includes checking the cargo. Additionally, once on the road, the regulations require the driver to perform further checks to insure the load remains properly placed and secured and has not worked loose or otherwise shifted. Given these rules, when a truck spills its load, the responsibility for the accidents typically rests with BOTH the individuals who loaded the truck as well as with the truck’s operator.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

Accidents Involving a Tractor Trailers are Often Times More Serious than Accidents between Private Motorists

What is the impact of trucking accidents?
    
The United States Department of Transportation recently estimated that over 500,000 truck accidents occur every year.

  • One person is injured or killed in a truck accident every 16 minutes.
  • Nearly 5,000 people are killed in truck accidents every year.  
  • Nearly 98% of the time, it is the driver of the other vehicle who is killed in a truck accident.
  • Large trucks are more likely than other vehicle types to be involved in fatal, multi-car collisions.  
  • Statistics show that the majority of fatal trucking accidents occur on weekdays and during daytime hours
  • Driving history may be a significant tool for predicting the risks posed by particular commercial drivers, as statistics show that approximately 27% of large truck drivers who were involved in fatal accidents had at least one prior speeding conviction.

What are the after effects from an accident?
The symptoms arising from an injury sustained in a motor vehicle accident do not necessarily present themselves immediately following the accident. Medical research and clinical experience demonstrate that some delay in the onset of injury symptoms not only happens, it is in fact the norm.  
    
Given the magnitude of the risks heavy trucks present to motorists, everyone should be concerned by these statistics.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

Common Causes for Trucking Accidents

When we stop to analyze the facts of accidents, all too often we find that they could have and should have been prevented. The following is a list of some of the most frequent causes of motor vehicle accidents involving heavy trucks.
    
Driver Distraction, Interface, and Workload
Distracted driving is dangerous! Simply stated, there are limits on the number of tasks any driver can safely handle. Vehicle controls, displays, navigation systems, cell phones, computers, and other modern conveniences can serve as a distraction if used in the vehicle while driving. And all such objects have the potential to impact where a driver looks while driving and how long they focus their attention. Multi-tasking to address one’s workload may be fine in an office setting, but it has no business on our roadways. Unfortunately, it has become a modern reality which all too often ends with an accident that never should have happened.
    
Drowsy Driving
Virtually everyone who drives has been behind the wheel when they were drowsy at one point or another.  Regardless of the cause (poor sleep the night before, medication, too many hours behind the wheel, etc.), if one is sleepy their driving ability will be impaired and they will be a threat to everyone on the road around them. Reaction time, vigilance, attention capacity, and information processing ability all suffer when fatigue sets in. Commercial drivers a have an obligation NOT to drive when they are tired. Failure to do so, or corporate conditions which force them to drive while fatigued, recklessly endangers the lives of everyone.  It is inexcusable!
    
Medical Conditions/Medications
Legally-prescribed medications may be necessary, but they also have side effects which can impact safety. Further, if a person requires multiple medications, it is possible for drug interactions to cause impairments and reduce driving safety which would not be present with any one of the medications in isolation.  
    
Mirrors and Other Indirect-Vision Systems
There have been many improvements in the mirror systems used on passenger vehicles over the years, but many of the systems currently in use still leave significant blind spots. When it comes to heavy trucks, these blind spots have been linked to increased risks of accidents, particularly when changing lanes or backing up. But it doesn’t need to be this way.  

Additional systems can be employed, such as convex and aspheric mirrors, object-detection systems or cameras to provide drivers more reliable and convenient ways of ensuring that commercial drivers are fully aware of the traffic conditions in which they are operating. We are already seeing these types of systems in regular usage, such as with back up cameras frequently seen in newer passenger cars. Shouldn’t similar systems be routinely employed in the heavy trucking industry?  What could be more important for a driver to know than what objects are in their path?
    
Drugs, Alcohol & Driving
High-risk drinking behaviors, including prior episodes of drinking and driving, episodic heavy drinking, and drinking-related violence have been linked to elevated risks of drug and/or alcohol-related driving events. Given these associations, it is imperative that commercial trucking companies screen an monitor their drivers. Failure to do so places all of us at risk.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

The Actions of the Trucking Industry Directly Affect Everyone Who Uses the Road

How many people work in the trucking industry as a whole?
The trucking industry, and its related businesses, employ an estimated 8.9 million people in the United States, approximately 3.5 million of which are truck drivers. On its own, UPS is reported to employ over 60,000 workers. As of 2003, there were an estimated 15.5 million commercial trucks in operation in the United States. Approximately 2 million of these were tractor trailers.
    
How many miles does the transportation industry cover in a year?
In 2006 the transportation industry logged an estimated 432.9 billion miles. That is BILLION, with a “B”!  Heavy duty trucks weighing in excess of 33,000.00 lbs (class 8), a category which includes tractor trailers, accounted for 139.3 billion of those miles.

How many trucking companies operate in the U.S.?
There are estimated to be over 500,000 companies in the United States which operate trucks on our roadways, the vast majority of which run relatively small fleets. How small?  Approximately 96% are estimated to operate less than 28 trucks, and 82% operate 6 or fewer trucks.

What does all of this mean to you?
A significant segment of the vehicles using our roadways are tractor trailers. These companies make their money by transporting as much cargo as possible for the lowest cost possible. So, you will only be safe if these companies perceive that they have a financial interest in safety. That is, they must know that the public will hold them accountable and make them pay for unsafe practices.

In other words, there must be a cost associated with UNSAFE conduct which is great enough that they will not perceive cutting back on safety programs as saving them money in the long run. WE members of the motoring public must hold big trucking accountable for safety if we are, in turn, to be safe.
    
Gordon Gekko, the character Michael Douglas’ made famous in the movie Wall Street, preached that “Greed is Good”. I suggest to all of you reading this that no statement could be LESS true when applied to the trucking industry. Greed clouds judgment. Greed leads to bad decisions and the cutting of corners in ways which place ourselves and our families at risk. Greed motivates trucking companies to operate with skeleton crews, lengthen maintenance intervals and push drivers to run longer hours than regulations permit. In other words, Greed motivates companies to carelessly trade safety for profit.  
    
In these difficult economic times, smaller trucking companies (which actually make up the majority of the trucks on the road) may feel the pressure to maximize profits (at whatever cost) more than others. This kind of irresponsible corporate greed is unacceptable, and places everyone who uses the roads at risk.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

Tips for Staying Safe While Riding Bikes

If you are an avid bicyclist like me, the return of warm weather means that the spring riding season is upon us. So, I’d like to take a moment to remind all of you to take some extra precautions when you ride, particularly if you ride early in the morning or into the evening hours.  

First, the motorists you share the roads with are focused on other cars, but often fail to pay adequate attention to cyclists. So, regardless of the time or circumstances in which you ride, be concerned about your visibility. Do what you can to increase it.

Second, try to stay away from dark colors. This is particularly true if you ride at night, but a cyclist in dark clothing can be difficult to see in shadowed areas even during the day. And be sure to watch out for your children on this point, as they are often times amongst the worst offenders.

If you ride in the transitional hours of dusk and dawn, remember that these are the times of day when visibility is the trickiest. The low angle of the sun on the horizon creates odd shadow angles and other visibility problems which can hide you from view.  

Also, if you ride a road bike with drop bars, there is also a relatively new light available which shines red to the rear and with standard lights to the front.  Called “lumos”, these lights, made by the European cycling company Tacx, are a great addition to increase your visibility.  Here is a youtube video showing the product:

So, what can you do? Wear loud colors, wear reflective materials and buy reflective tape to put on your helmet and bike. Remember, the further away a motorist is from you when he or she notices you are there, the safer you will be.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

How You Can Prevent Trucking Accidents From Happening

Watch the actions of drivers.  Report misconduct, violations and poor driving behaviors.
    
Many trucking companies post 1-800 numbers on their vehicles which permit you to report misconduct and poor driving behaviors.  These are the “how am I doing” hotlines that we see most every day.  If you see a problem, report it!
    
The Federal Government takes the conduct of the trucking industry seriously, and it is the responsibility of the Federal Motor Carrier Safety Administration to oversee and regulate the industry.  The Administration maintains a toll-free number, known as the “Motor Carrier Safety Hotline” which is open to submit reports of actual or potential violations of the federal motor carrier safety regulations.  The number is 1-888-DOT-SAFT (368-7238).  
    
Complaints can also be logged via the Safety Violation/Consumer Household Goods Commercial Complaint Website.
    
Do your part to hold trucking companies and other big businesses accountable!
We all have opportunities to make a difference.  If you or someone you love are involved in an accident with a big truck, stand up for your rights.  Seek the assistance of experienced counsel who will take the company to task.  If you are called for jury service, do your civic duty.
    
Remember: Accidents don’t “just happen”. They are caused by bad decisions and bad corporate policies.  The only thing which will force trucking companies and other big businesses to change those bad policies and bad decisions, is if we, the public, hold them accountable.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

Why Do Tractor Trailers Pose a Risk to Drivers?

The trucking industry is a VERY BIG business in the United States.

What does this have to do with the risks tractor trailers present to us?  
Simple: The pursuit of profit is what motivates big businesses, including the trucking industry. Safe practices cost money and manpower to implement. While cutting safety programs and manpower may increase profits, when big trucking companies cut back on safety, we all lose.

How BIG a business is the trucking industry? HUGE. Consider the following:
Revenue estimates from 2003 indicate that the trucking industry as a whole generated over $255.5 Billion. In ONE year! Such numbers are impressive enough on their own, but if you consider that a major part of these revenues are generated by a only handful of companies, you can see that it does not take many bad decisions to put us all in danger.  

In that same year, the following companies were identified as the top 10 revenue generators for the trucking industry. These single year statistics are nothing short of staggering:

  1. United Parcel Service (“UPS”) - Revenue estimate:  $21.34 billion
  2. Fed Ex Ground - Revenue estimate:  $3.9 billion
  3. Schneider National - Revenue estimate:  $2.9 billion
  4. Roadway Express, Inc. - Revenue estimate:  $2.84 billion
  5. Yellow Transportation, Inc. - Revenue estimate:  $2.79 billion
  6. Fed Ex Freight - Revenue estimate:  $2.7 billion
  7. J.B. Hunt Transport, Inc. - Revenue estimate:  $2.43 billion
  8. Swift Transportation Co. - Revenue estimate:  $2.4 billion
  9. Con-Way Transportation Services - Revenue estimate:  $2.11 billion
  10. Over-nite Transportation - Revenue estimate:  $1.48 billion

So how can cost-cutting by the trucking industry put motorists at risk?
There are several ways, but one of the more obvious involves Personnel.  Personnel is one of the greatest operational expenses of any business and in an effort to maximize profits, it is always tempting to cut staff by trying to get the same amount of work from a smaller work force.  Now, if a retailer cuts personnel (i.e. jobs), you may only notice that it is harder to find what you are looking for when you go to the store.  But what happens when a trucking company cuts back while trying to move the same amount of goods?  

  • Drivers are stretched thin and feel pressure to log more hours. This translates to greater driver fatigue, and an increased risk of accidents.
  • Fewer personnel frequently means cuts in the frequency of inspections and servicing of equipment.  This translates to a greatly increased risk of accidents.
  • Decreased staff reduces a company’s ability to perform background checks, train workers or implement other vital safety programs, and increases the risk that incompetent or poorly trained personnel will be placed behind the wheel or in the company’s service departments.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

National Highway Traffic Safety Administration Proposes Rule to Limit Risk Presented by Keyless Ignition Systems

Keyless ignition systems were introduced as a convenient feature, but have created more than a few serious problems for consumers. Examples of reported problems include drivers' inability to stop a moving vehicle in a panic situation; drivers who unintentionally leave the vehicle without the vehicle transmission's being ``locked in park'' resulting in the car rolling away and damaging property or causing injury; and drivers who inadvertently leave the car without knowing that the engine is still running - a situation which has lead to reports of death from carbon monoxide poisoning when the vehicle was left running in an enclosed area, such as a garage. You may have seen jokes running around the internet, poking fun at the people who have fallen victim to the unforeseen hazards created by this convenient feature, however, the reality is that these issues are far from a laughing matter.  

How big of a problem is this?  Big enough to get the attention of the federal government’s safety watchdog, the National Highway Transportation Safety Administration (NHTSA), which, on December 12, 2011, posted a notice of proposed rule-making designed to fix some of the problems which keyless ignition systems have created. You can read more about it here.

So, NHTSA is proposing a system to warn the consumer of the fact that the car is still running.  My question - why?  There would be no need for this if you simply go back to using a key.  Isn’t that enough? Is keyless ignition really so useful that its worth keeping around given the substantial, documented risk for unintended harm to persons, property - even death - which is presents?  Worse still, the term “keyless” ignition is a misnomer. You still have a key. What you’ve actually eliminated is just the need to insert it in a slot in the dash. And for that “convenience” our government is proposing that manufacturers install yet another warning system in our cars to alert the consumer of the fact that the vehicle is still running.  Is this approach enough? Is it the best approach? It seems to me the answer is clearly “NO”. This is one example where I say the old way is not only simpler, it’s just simply better.

Mark Davis is a member of Stark & Stark’s Lawrenceville, New Jersey office, specializing in Accident & Personal Injury Law. For more information, please contact Mr. Davis.

Recent Crash Highlights the Danger of Texting & Driving

The AP reported in December 2011 that a teen driver in Missouri caused a terrible chain reaction pile up which claimed the lives of 2 young people and injured 38 others. How did it happen?  He was distracted by the fact that he sent and/or received 11 text messages within minutes of the crash.

Unfortunately, this type of event is not an isolated occurrence, but rather is simply one of the latest examples of the consequences of this form of distracted driving. This  problem of texting while driving is a veritable epidemic in this country and has led the NTSB to reportedly recommend that all states ban the use of cell phones and portable electronic devices by drivers, except in cases of emergency.

The lesson here is a simple one: when you get behind the wheel of your car, remember that driving that vehicle requires focused attention. Using your phone while driving is a bad idea.  Even a “quick look” at your phone while driving is a bad idea. Every day, this simple act causes accidents, injuries and deaths which should never have occurred.

 

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