Parents Suing Nissan After Dad Accidentally Runs Over Their Daughter

spacejamz

Lifer
Mar 31, 2003
10,953
1,632
126

I am sorry for their loss, but suing Nissan isn't the answer here...Besides, what was your 2 year old kid doing out in the driveway in first place? How many people in this county have kids that haven't been accidentally run over? I am guessing about 99%...

This 'suing everyone non-sense because I can't be accountable for my actions' sh!t needs to stop...

Parents' loss spurs car-safety effort

Garland: Couple urging Congress to require rear-view cameras

10:03 PM CDT on Monday, May 23, 2005

By JOSH BROWN / The Dallas Morning News

WASHINGTON ? Galvanized by the death of her daughter last fall in a driveway accident, Rachel Clemens is taking the issue of child and car safety from Garland to Capitol Hill.

KARL STOLLEIS/Special Contributor

Rachel Clemens and her husband are suing Nissan after the death of their daughter Adrianna. But the company says rear- view cameras aren't good substitutes for driver awareness. Today, Mrs. Clemens and other car safety advocates will lobby lawmakers to require automakers to install more safety devices on new vehicles to reduce child fatalities.

"My heart would not allow myself to grieve my daughter when this is the reason she passed away," Mrs. Clemens said. "If there's anyone who can do something or say something about this, it has to be a grieving parent."

In October, her 2-year-old daughter, Adrianna, died when the child's father accidentally backed over her while pulling out of the garage of their home in Garland. The child was too small to be seen behind the sport utility vehicle, and there was nothing to warn David Clemens she was there, Mrs. Clemens said.

Seeking something positive from her loss, Mrs. Clemens, 39, quit her job managing a dental office and began the Adrianna's Rule Foundation to increase awareness about vehicle design deficiencies that result in child deaths. She launched a Web site and hosted a golf tournament last month to raise money for her cause.

Going to court

In a lawsuit filed in state district court, the Clemenses are suing Nissan, the maker of their Infiniti SUV, for negligence for not installing rear-view cameras on their vehicles. The suit alleges the company knew of blind areas in its vehicles but did nothing to address them.

Nissan spokesman Kyle Bazemore said that though Adrianna's death was "very tragic," there is no merit to the lawsuit.

"The allegation is that the vehicle should have had a backup sensor and camera on it," he said. "But a backup camera is not a good substitute for turning around and looking behind the vehicle."

Garland police ruled the girl's death an accident.

Rear blind zones ? areas behind a car that are invisible to the driver ? have been growing in size in recent years. According to Consumers Union studies, the zones can range from 12 feet for sedans up to 50 feet for larger SUVs.

"Our vehicles today have no regulation that says what you're supposed to be able to see when you are backing it up," said Janette Fennell, founder of the child-safety advocacy group Kids and Cars. "And now blind zones have grown disproportionately, in particular on pickup trucks. That also applies to the front of the vehicle for some models that are so high."

At least 101 children were killed last year when vehicles backed up over them, according to Kids and Cars. Because the National Highway Traffic Safety Administration does not track automobile-related fatalities occurring off public roads, Ms. Fennell said no one knows the magnitude.

New legislation would require such tracking. U.S. Rep. Peter King, R-N.Y., who's backing the measure, said he became aware of the issue after a constituent accidentally backed over his son and killed him.

"There was no way he could avoid what happened," Mr. King said. "People usually have the initial reaction that it was the parent's fault, that if the parent had been more careful it wouldn't have happened. But you can be the most careful parent in the world and this still happens."

The legislation would require rear visibility standards on new cars to give the driver an unobstructed view of the area immediately behind the vehicle. It also would require automakers to install safety devices preventing power windows from closing on a child. Last year, the NHTSA began requiring automakers to install safer window switches, though Consumers Union said more action is needed.

"It's a halfway measure," said Sally Greenberg, product safety counsel with Consumers Union. "It will bring down the number of incidents, but it doesn't solve the problem."


Expensive equipment

Carmakers have resisted efforts to require additional safety equipment because of the high cost.

Rear cameras installed at the dealership can tack on an additional $1,100 to the vehicle's price, said Roger Hooker, national sales manager for HitchCAM, a supplier of the devices.

Eron Shosteck, a spokesman for the Alliance of Automobile Manufacturers, said consumers can already choose to have the cameras installed.

"As more people see the utility of the technology, they will purchase it in their next vehicle," he said. "Our position is that automakers can make this technology available and consumers can choose."

But the idea that the market drives car safety is historically inaccurate, Ms. Greenberg said.

"People don't realize they need this until they back over and kill their child," she said.

Mr. King agreed that people will not opt for the devices until they must do so.

"It's just like with seat belts, just like with air bags," he said. "And this isn't just talking about the individual's safety; it's talking about the safety of their children or someone else's children."

Rear backup cameras are standard on some luxury vehicles but typically are advertised as parking aids rather than safety devices. The camera usually is mounted somewhere on the rear of the vehicle. When the vehicle is in reverse, a small TV screen inside shows drivers what is behind them.

Mrs. Clemens said she had never even heard of rear backup cameras or warning devices before her daughter's death.

"It's so sad because there is a solution and nothing is being done," she said. "It's so painful to continue talking about your story over and over again, but I have to share with people my grief. It's not only that we're grieving the loss of our children, but it's also that we're the ones killing our children."

Mr. King introduced a similar bill last year, but it didn't clear the House Energy and Commerce Committee. Sen. Mike DeWine, R-Ohio, has also introduced legislation. But the Senate bill calls for the government only to study the issue more and start tracking fatalities.

"We're tying to build up as much support as we can for this," Mr. King said. "I will continue introducing this bill as long as I'm a congressman."


 

ironcrotch

Diamond Member
May 11, 2004
7,749
0
0
One of the first things you learn in drivers ed is to check behind your car before you back out of your driveway.
 

Malak

Lifer
Dec 4, 2004
14,696
2
0
As long as the US Judges are stupid and juries are filled with greedy punks that feel for the guy, there's nothing we can do about it.
 

FoBoT

No Lifer
Apr 30, 2001
63,084
15
81
fobot.com
insanity

cars haven't needed that crap for 100 years, that isn't a "safety device" , how do you FORCE the driver to view the screen?
 

Zim Hosein

Super Moderator | Elite Member
Super Moderator
Nov 27, 1999
65,364
404
126
"People don't realize they need this until they back over and kill their child," she said.

I'm losing hope for humanity! :(
 

BrokenVisage

Lifer
Jan 29, 2005
24,771
14
81
O..M..G
I for one am not sorry for their loss if they try to blame their mistake on a reputible car company. I agree this bullshit blame-it-on-the-other-guy mass-suing mentality people have is rediculous. Deal with your own mistakes people.
 

oogabooga

Diamond Member
Jan 14, 2003
7,806
3
81
Originally posted by: ironcrotch
One of the first things you learn in drivers ed is to check behind your car before you back out of your driveway.

that's because the best safety device any vehicle comes with is common sense and good sense.

it seems it was lacking.
rose.gif
for such a tragic loss, but i think their point is a bit misfounded.
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
136
Originally posted by: ironcrotch
One of the first things you learn in drivers ed is to check behind your car before you back out of your driveway.

I believe they usually put it somewhere along the lines of:

Walk ALL THE WAY AROUND YOUR VEHICLE.

Excessive? Perhaps.

Would it have saved their kid?

Yes.

I hope they get laughed out of court. Along with a judgment to pay all of Nissan's costs in dealing with this tripe.

Viper GTS
 
Jan 18, 2001
14,465
1
0
as the father of a 4 year, i make sure I can see him and that he is well away from the car before i put the car in gear.

thats negliance on the father's part, not the car manufacturer.

 

Sex Smurf

Golden Member
Oct 13, 2004
1,384
2
0
My cousin's son was run over by his grandma in one of those big-ass cadilacs - rolled over him lengthwise, broke almost every bone in his body, and came to a stop ON TOP OF HIM! His mom (my cousin) came running out of the house screaming and in an adrenaline-fueled feat of strength, lifted the car and pulled out her son! The kid was in a body cast but survived and is a triathelete now. Cool eh? I wouldn't have believed it either if my family wasn't witness to it. That kid has so many lives.
 

Lonyo

Lifer
Aug 10, 2002
21,938
6
81
I say this is a good event to have occured. At least they can't pass on their genes.
I feel sorry for the kid, but the kid should have been in care, and not with its parents, because they are idiots.
 

cKGunslinger

Lifer
Nov 29, 1999
16,408
57
91
I'm filing a suit against the makers of soda cans, because if I turn one upside down, it spills all over my clothes. If the manufactureres would install some kind of umbrella-type device over my can, this wouldn't have happened. :roll:

I obviously don't want to make light of losing a child and the related grief, but this is yet another worthless lawsuit. Personal responsibility is fast becoming a thing of the past.
 

dmcowen674

No Lifer
Oct 13, 1999
54,889
47
91
www.alienbabeltech.com
Originally posted by: BrokenVisage
O..M..G
I for one am not sorry for their loss if they try to blame their mistake on a reputible car company. I agree this bullshit blame-it-on-the-other-guy mass-suing mentality people have is rediculous. Deal with your own mistakes people.

Nissan should sue them back for negligent operation of their product.

 

yokomo

Golden Member
Oct 18, 2000
1,275
0
71
If it ment that much to him he should have had it installed... stuff like that is usually not a factory option..?
 

Phokus

Lifer
Nov 20, 1999
22,994
779
126
Originally posted by: ironcrotch
One of the first things you learn in drivers ed is to check behind your car before you back out of your driveway.

That's funny, they never taught us that in drivers ed :(
 

imported_DocHolliday

Senior member
Nov 19, 2004
899
0
0
Originally posted by: dmcowen674
Originally posted by: BrokenVisage
O..M..G
I for one am not sorry for their loss if they try to blame their mistake on a reputible car company. I agree this bullshit blame-it-on-the-other-guy mass-suing mentality people have is rediculous. Deal with your own mistakes people.

Nissan should sue them back for negligent operation of their product.

LOL! QFT
 

Rudee

Lifer
Apr 23, 2000
11,218
2
76
rear- view cameras aren't good substitutes for driver awareness.

I also want to point out that rear view cameras point directly behind the vehicle, not below the bumper behind the friggin' wheels.
 

dabuddha

Lifer
Apr 10, 2000
19,579
17
81
It's a tough one. I mean the lawsuit is stupid, no doubt. But it's hard to see a 2 year old behind your car. Especially if it's a giant SUV.
 

Actaeon

Diamond Member
Dec 28, 2000
8,657
20
76
In October, her 2-year-old daughter, Adrianna, died when the child's father accidentally backed over her while pulling out of the garage of their home in Garland. The child was too small to be seen behind the sport utility vehicle.

Stop buying over-sized SUVs and get some common sense. A 2 year old should not be running around the drive way without supervision.