Kia announced a recall of over 377,000 of its popular Sorento SUV because the transmission can be shifted out of park when the vehicle isn’t running and the driver’s foot isn’t on the brake. This can result in the SUV rolling away unexpectedly and causing a crash.
The recall covers Sorentos from the 2011 through 2013 model years. Kia announced the recall in conjunction with documents posted with the U.S. National Highway Traffic Safety Administration (“NHTSA”).
According to a report by NBC 4 – New York, Kia began investigating the trouble in August when it got a letter from a lawyer saying that a child moved a Sorento shift lever out of park and the SUV rolled in a parking lot. The child’s father stood in front of the SUV and was joined by his son. The son got between the Sorento and a stopped vehicle and suffered a broken leg, according to the documents.
The notice letter referenced in the NHTSA filings was sent by Phillips Garcia Law. Phillips Garcia Law is in the process of gathering information about any other incidents involving personal injuries or property damage caused by a defective Kia Sorento. Send emails to our attorneys if you have information pertaining to the defect.
True or False: Do Massachusetts pedestrians ALWAYS have the right of way?
Dartmouth, Massachusetts personal injury attorney, Andrew Garcia, debunks a common misconception about pedestrian rights in the roadways.
The Rules of the Road for Pedestrians
When there is a crosswalk controlling an intersection, pedestrians who are within the
Auditi Guha (@AuditiG_SCT) of SouthCoastToday.com “tweeted” and reported that two women were injured after a car hit a pedestrian and crashed into a tree on Russells Mills Road outside Dartmouth High School on Tuesday evening. According to Guha, police confirmed that the driver of a black Toyota struck an older woman who was walking along Russells Mills Road. The driver then crashed into a tree on the side of the road while traveling towards Bakerville Road. Both women were taken to the hospital.
Many Massachusetts retail stores are open on the 4th of July. It’s great for shoppers, but it’s not always great for retail employees because some employers don’t pay their workers something called “Holiday Premium Pay.” If you’re working on July 4th, you may be entitled to time-and-a-half wages.
I’m Working on July 4th. Does my Massachusetts Employer Have to Pay Me Time-and-a-Half?
In most cases the answer is yes.
Massachusetts recognizes certain holidays, including Independence Day, as a legal holiday. Generally if a retailer has a total of 7 or more employees on its payroll, then any “non-exempt” worker who works on the Fourth of July must be paid time-and-a-half.
A new report released by the American Automobile Association revealed that 58% of teen car accidents involved distracted driving. The AAA Foundation for Traffic Safety reviewed about 1,700 crash videos to arrive at its startling results.
The most revealing aspect of the statistic is that it is four times greater than estimates based on police reports according to the Foundation.
The causes of “distracted driving,” however, went beyond just “texting and driving.” The AAA analysis blamed a half-dozen types of distraction that caused teen crashes. These included:
- interacting with other passengers – 15% of crashes
- cellphone use – 12% percent
- looking at something inside the car
- looking at something outside other than the road ahead
- singing or moving to music
- grooming and reaching for something
Out-of-Network Health Insurance Denials for Hospital Services May Be Consumer Protection Violations Under the Law
A biker was killed on Thursday near the Sullivan Square MBTA Station in Charlestown, Massachusetts, after he was struck by what witnesses described as a white sanitation truck with black lettering. The hit-and-run accident happened at the busy intersection of Cambridge Street and Spice Street at about 1:40 pm, on Thursday, April 3, 2014.
Police later identified Ricky Prezioso of Swampscott as the driver who left the scene of the accident. Prezioso’s arraignment was sheduled to be held Friday morning in Chelsea District Court for leaving the scene of an accident after causing death. If found guilty, Prezioso could face imprisonment for 2 1/2 to 10 years and fines between $1,000 – $5,000.
In addition to the driver facing criminal responsibility, the owner of the commercial truck involved could face civil liability to the victim’s family. Under the Federal Motor Carrier Safety Reguldations, owners of certain types of commercial trucks that are used in the course of trade or commerce must ensure that their trucks meet minimum safety standards, are inspected regularly and that their drivers have ongoing training. Any misstep by an owner of a commercial truck could trigger tremendous exposure to the owner’s business.
According to the Boston Globe, this is the first bicycle fatality of the year in Boston. There were five other bicycle deaths in Boston in 2012. There was no accurate data for bicycle deaths in 2013 according to the news report.
MassBike, an advocacy group dedicated to promoting a bicycling friendly environment and encouraging bicycling fun, fitness and transportation, supported two pieces of legislation in 2013 to increase safety for bicyclists and other “vulnerable users.” The legislation identifies vulnerable users as bicyclists, pedestrians, wheel chair users and other non-motorized road users.
Preserving Evidence in Truck Accidents is Essential
Phillips & Garcia, P.C. of Dartmouth, MA has filed a lawsuit in Massachusetts Superior Court against Tractor Supply Company of Tennessee for failing to pay full time workers time and a half on Veteran’s Day and Columbus Day and for failing to pay part time workers time and a half for hours worked on all Massachusetts holidays. The lawsuit, filed on behalf of a Pittsfield employee, seeks a change in Tractor Supply Company’s policies and procedures, as well as the payment of three times the unpaid wages. Tractor Supply Company has 14 stores in Massachusetts.
Under the Massachusetts Wage Act, Massachusetts law mandates that employees who work on a Massachusetts recognized holiday be paid “premium pay” of one and a half times their regular pay. In Massachusetts, employers must pay time and a half to all employees, regardless of whether they are full time or part time employees, for hours worked on the following Massachusetts legal holidays: New Year’s Day, Columbus Day, Veteran’s Day, Memorial Day, Labor Day and Independence Day.
If you were not paid “premium pay” on a Massachusetts recognized holiday, you can fill out a contact form here to make a Wage Act complaint to Phillips & Garcia, P.C. or simply call us at 508-998-0800.