Unsafe Rental Car Accidents Can Ruin Summer Vacation Plans

There are many arrangements to be made when planning for vacation from making airline and hotel reservations to reserving a rental car. There are also a great number of variables that can go wrong. One issue that few people worry about is whether their rental car is safe. A significant number of summer travelers may end up renting cars that are subject to recall and have not had the repairs done. It may be surprising, but there are no current laws or regulations that require rental car companies to fix recalled vehicles before leasing them out to the next customer.

New legislation called the Safe Rental Car Act is being proposed by Senator Charles Schumer (D-NY) to address a number of recent crashes involving rental vehicles with recall issues that were not repaired prior to providing the vehicle to the consumer as a rental. A notable example that received national attention involved a case in California. Two sisters were killed when they rented a PT Cruiser that they rented erupted in flames causing the car to collide with a tractor-trailer. The PT Cruiser had been recalled because of the possibility of a leak in the power steering fluid that could cause the vehicle to catch on fire. The sister’s family filed a wrongful death lawsuit against Enterprise and recovered an award of $15 million.

The problem stems from what has been characterized as a “loophole” that permits rental car agencies to send vehicles out on the road that could not be sold by car dealerships. Rental car agencies repair vehicles subject to recall a mere 33 percent of the time within a month of the recall according to data from the National Highway Traffic Safety Administration (NHTSA). It is even more alarming is that only half of all rental cars subject to recall are repaired even a year later. Data from General Motors regarding the number of rental cars fixed within three months of a recall reveals that although Enterprise was involved in the $15 million product liability verdict, it is not the worst offender:

• Enterprise repairs not fixed within 3 months of recall: 35 percent
• Hertz repairs not fixed within 3 months of recall: 66 percent
• Budget/Avis repair not fixed within 3 months of recall: 47 percent

The bottom line is that it is estimated that tens of thousands of defective rental cars subject to recall are currently on the roadways. While the proposed legislation is a step in the right direction for those who live and vacation in New York, it does little to help us here in Mississippi. Admittedly, some defects subject to recall do not pose significant safety hazards, but the law is now silent on ALL rental car defects.

When a car rental company rents a car to an unsuspecting traveler without repairing a defect that makes the vehicle unsafe and fails to disclose the defect and potential risks to the consumer, the rental car company should be held accountable. Defects like the one in the fatal PT Cruiser rental car accident lawsuit needlessly puts unsuspecting consumers at risk. Anyone renting a car should ask if the vehicle they are renting has been recalled and whether the defect has been repaired. If you or someone you love has been injured or you have lost a loved one in a Mississippi car accident involving a rental car, the Mississippi car accident attorneys at Barrett Law Offices can advise you on your rights to seek compensation. We offer a free initial no obligation case evaluation so call us today at (662) 834-2376.

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Drowsy Driving Poses Serious Danger of Mississippi Auto Accident Fatalities

Most drivers have had the scary experience of briefly dozing off behind the wheel only to awake in a panic as one’s vehicle drifts off the shoulder of the road. Studies show that the average motorist is getting fewer hours of sleep each night. Driver fatigue is a leading cause of serious Mississippi auto accidents resulting in life-altering injuries and wrongful death. Sixty percent of drivers in the U.S. admit to driving while drowsy and 37 percent have fallen asleep while driving. There are few driving practices more dangerous than following asleep for a three-second micro nap traveling at freeways speeds. While dozing for that short period at 65 miles per hour, a vehicle will travel the length of a football field before you realize that you dozed off.

Drowsy driving is as great a risk of causing serious auto accident as drunk driving including AAA Foundation for Traffic Safety. The National Highway Traffic Safety Administration (NHTSA) reports that drowsy driving causes as many as 100,000 accidents annually and results in forty thousand injuries and in excess of 1,500 fatalities. While drowsy or fatigued driving in Mississippi presents a danger similar to drunk driving, the practice of drowsy driving is not viewed with the same public condemnation.

Fortunately, a growing number of technologies are being developed to prevent drowsy driving or fatigue based accidents. One common form of technology that is being used by several car manufacturers to reduce the risk of fatigue related accidents is lane avoidance systems. Although there are multiple versions of these auto accident avoidance systems, generally they sound an alarm if a driver appears to be drifting into another lane. There are even accident avoidance systems that provide a more customized approach based on a driver profile including sleeping patterns, length of trip, medications and other data that impacts the tendency of a driver to be involved in a fatigue based auto accident in Mississippi.

There are a number of strategies that can be used to avoid drowsy driving including:

• A driver should travel at times that are consistent with one’s normal waking hours
• You should get a minimum of six hours of sleep at night before taking a trip
• If you are feeling tired, pull over and take a nap.
• You should schedule regular breaks every couple of hours on the road.

Even when a driver does not fall asleep, fatigue can adversely affect one’s driving ability by causing blurred vision, impaired concentration, slowed reflexes and poor judgment or decision making. Mississippi drowsy driving car accidents are especially tragic because they are entirely avoidable. At the Barrett Law Office, we have deep roots in Mississippi. We have been fighting for the rights of auto accident victims throughout Mississippi for over 75 years. Our experienced Mississippi auto accident attorneys offer a free case evaluation so contact us today at (662) 834-2376.

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Fighting the Battle against Auto Accidents Caused by Impaired Drivers in Mississippi

Every year, thousands of people die due to alcohol and drug related motor vehicle accidents. To combat the problem of auto accident fatalities, many communities and courts have set up substance abuse treatment programs.  An important question to be considered is whether substance abuse programs and other measures really reduce auto accidents and prevent motor vehicle accident related fatalities.

Studies indicate that in communities where substance abuse programs have been established, the number of automobile accidents has declined anywhere from 8 to 13 percent. While these results are encouraging, it remains the case that there are over 30,000 motor vehicle fatalities in the U.S. annually with over 30% being alcohol or drug related.  A variety of measures have been implemented to discourage people from driving while high or intoxicated. These measures include implementation of alcohol taxes, bans on Sunday alcohol sales, drivers license revocation, ignition interlock programs and teen license restrictions.

Every year, over 2 million people are treated in substance abuse facilities for alcohol and drug addiction. For those that are seriously addicted, the impact of these programs can be significant.  Besides the direct impact on auto accident fatality rates, there are other potential indirect affects on car crash rates associated with increases in self-confidence, improved mental stability, and improvement in coping with stress at home or work.

With the number of deaths resulting from fatal auto accidents, the state and federal government has implemented measures designed to reduce fatal accidents caused by drivers impaired by drugs and alcohol.  This includes a variety of legal measures including:

  • Mandatory seat belt laws
  • Stricter enforcement of speed limits and DUI laws
  • Zero tolerance alcohol laws for teen drivers
  • Dram shop laws that impose liability on those who furnish alcohol
  • Stricter DUI penalties
  • Use of sobriety checkpoints
  • Creation of dry counties
  • Increased taxes on alcohol

Drivers impaired by drugs and alcohol are still responsible for far too many Mississippi auto accidents resulting in catastrophic injuries and wrongful death throughout Mississippi.  Impaired driving car crashes are especially disheartening because they are completely avoidable.  If you or someone you love has been seriously injured in a car accident with a driver impaired by drugs or alcohol, an experienced Mississippi drunk driving accident attorney at Barrett Law, PLLC may be able to help.  We have roots in Mississippi representing those injured by the negligence of others that extend back over 75 years.  We offer a free initial case evaluation so contact us at 662-834-2376 to see how we might be able to help.

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