Arizona Personal Injury Blog

No Preventative Medicine: Wellness as a Crisis without a New Health Care Bill

Christy Thompson — Tue, 01 Dec 2009 17:53:27 GMT

The main dispute about health care reform is that the cost is just too much for the American taxpayers, state or federal governments to afford. Indeed, there is no arguing that the cost to implement a quality health care system in this country from the ground up will come at a sizeable cost. But everything great in US history has come at a high cost: good public transportation (where it actually exists), highways that span the nation, railroads, ideals of public education, taxpayer supported law enforcement, mail service, armed forces and arms programs. So if we can afford the price tags associated with these -- in many cases whether we agree with them or not -- why do we as taxpayers not have the right to pay for something that will keep us well?

"Crisis health care" such as ONLY seeking medical attention after a severe accident or when extremely ill leads to worsening health conditions, more death, and more costs are incurred by taxpayers. Unpaid visits to the emergency room for Americans without insurance will eventually cost exponentially more than a new health care plan.

Seeing a doctor only when disease is consuming someone's body or when a patient has a railroad spike piercing his cerebrum is a careless use of the most high tech medical machine in the world. The message of prevention is lost on the American public because they have been without it for so long that entire generations don't even really know what it means to have it and how much it could better their lives.

Supporting prevention health care rather than crisis health care is the only sure bet for the long run of a successful American health care system. Preventative medicine means doctors who take the time to inform patients and health care programs that promote healthy living and wellness as a way of being rather than letting the public depend on emergency rooms that offer only a temporary fix; it's like patching a flat tire over and over again. Eventually there will be one last blow out that just isn't fixable. This is an apt metaphor for both human beings in the current health care system and the current system itself.

Originally posted at InjuryBoard by Christy Thompson

Oklahoma Commercial Trucking Accident Kills

Christy Thompson — Fri, 27 Nov 2009 17:42:39 GMT

A collision in Lincoln County, Oklahoma was the cause of Johnny Leemaster's death. It happens far too frequently and more so now than just about ever in US roadway history. Leemaster was operating a vehicle headed north down U.S. 177 while Justin Colley headed south down 177.

The fatal accident occurred when Colley attempted to pass a slow-moving commercial trucker ahead of him. In so doing, he collided with Leemaster. Both driver's attempted to swerve out of the other's way, but in the end, Leemaster ended paying with his life because a commercial trucker was unwilling to pull over to let faster moving vehicles pass.

An important detail of this story that should be strongly considered: state troopers noted there was a rolling fog during the time of the collision. As a commercial trucker with a specialized license, the operator of the rig assuredly knew better -- anyone who operates with a Class C license or higher is educated well enough about fog to know that even the most well lit vehicles are scarcely visible in a rolling fog.

Colley, who collided with Leemaster but lived, was every bit within his rights as a motorist to pass the commercial trucker. As motorists, we all have the legal right to pass a vehicle moving at a speed below the speed limit or far slower than the flow of traffic on an interstate roadway.

As a complete aside, whether Colley and other drivers had been behind the trucker or not, given the size of his load and rig, and the abhorrent weather conditions, this trucker was grossly irresponsible not to have pulled aside and to have waited for conditions to improve.

So the question is, why are there not more and better regulations in the commercial trucking industry? Because the road is a trucker's office; when he isn't moving, he isn't getting paid. Fatalities such as that of Leemaster, who probably just wanted to get home, and victims like Colley, the motorist who killed Leemaster because of the negligence of the trucker, should be taken so much more seriously than they are. Regulations that place a higher value on human life than monetary profit are way past due in the trucking business.

Accidents involving commercial vehicles grow in numbers every year. It's high time for some preventative measures and new, stricter regulation from within the trucking industry. A severe penalty for truckers driving in bad weather or not pulling over when unable to keep up with the flow of traffic may have saved Leemaster's life.

Originally posted at InjuryBoard by Christy Thompson

Happy Holidays, Watch Your Step

Christy Thompson — Wed, 25 Nov 2009 02:32:12 GMT

With the cooler months arriving, icy steps, floors and outdoor walkways are a scary inevitability. There are simple precautions that are overlooked every winter season that if put in place, will help people avoid serious injury and even death in some cases.

Before walking around anywhere that changes with the climate, consider the following tips:

Wearing the right shoes and walking slowly seems simple enough, but probably the most overlooked and simple tip that will save you from slipping. Shoes with good tread that offer proper support are best. They may not be the hippest kicks around, but solid shoes that keep your feet flat on the ground and your center of balance directly below you while you walk in a measured fashion is half the battle won already.

Keeping your outdoor walkways clear will prevent all sorts of leaves and mud from congealing into an icy mess bound to floor someone. If it's not your walkway and it's not clear, test your steps by lightly tapping your foot anywhere on the path that appears as though it may be slick. Once tested, proceed with caution.

Do not engage in lifting heavy objects from a vehicle parked out in the snow or from an icy garage. No matter how silly it may seem, make lifting large items a team effort and use every precaution possible. Back the car right up to the garage door into the home or get professional help in moving furniture and other large items.

Watch where you're going during those hectic holiday trips to the mall or back into the house in a mad rush to get presents wrapped. Slow down, keep your eyes on where you're headed, and stay focused on the task at hand.

If you do fall, roll into the fall to avoid breaks or sprains. As soon as you sense you are falling, make an effort to relax -- sounds crazy, but a relaxed body during any type of accident will fare much better than a body fraught with tension. If you are carrying anything as you begin to fall, pitch it. This will keep you from getting hurt worse by adding additional weight to any areas that make impact with the ground.

Originally posted at InjuryBoard by Christy Thompson

Pedestrian Accident in Phoenix brings up Personal Injury Question

Christy Thompson — Tue, 24 Nov 2009 14:00:28 GMT

On November 18, 2009 at approximately 3:45pm MST, an Arizona pedestrian was struck by a car in the Cave Creek, Phoenix area. To date, no witnesses or cameras have been able to concretely confirm whether the pedestrian was within the crosswalk or not.

I found this to be an interesting story for a couple of reasons. Most people who are not educated in the realm of personal injury have a notion that I think comes from some sort of urban legend. That notion is that the pedestrian always has the right-of-way. While this is most often the case, a person operating a motor vehicle has the better defense if that pedestrian was not in a crosswalk, and was in fact, crossing the street.

A pedestrian will most likely be held responsible for an accident if they are not in a crosswalk if they are hit by a car. It's that simple, perhaps unfortunately. At the same time, imagine the circumstances of the motorist — not on a cell phone or otherwise disengaged from his or her driving responsibility — but simply driving, when suddenly, someone just walks right into the road.

These are the facts we must consider when applying the law in a personal injury case that involves a pedestrian. Likewise, as attorneys that deal with personal injury law on a consistent basis, it is also our job to inform our clients and people in general that pedestrians do have rights, but they also have responsibilities.

Originally posted at InjuryBoard by Christy Thompson

Car Accident Preparation: Your Best Defense

Christy Thompson — Sun, 08 Nov 2009 02:24:27 GMT

When you've been in a bad car accident, there's plenty to handle that seems so overwhelming. Before talking to insurance companies or engaging legal counsel, there are a few things to consider for your own personal wellbeing and for your family.

Accident Preparation:

Anyone can have a car accident at any time. Prepare for this possibility by carrying a disposable camera in your glove box along with additional proof of medical and car insurance, any documentation of health issues, a list of emergency contacts, and a notepad and pen to document the particulars of the accident, including the insurance information of other parties involved in the accident and license plate numbers.

Medical Attention:

Whether or not you went to the emergency room, a full spectrum of physical assessments should be considered: do you need a CAT scan or MRI? Do you need X-rays? Before you do anything else, see your primary care physician to determine the breadth and depth of your injuries. Ensure that any change in your physical health caused by the accident are properly documented, and ask for copies from your health chart as you may need them for your attorney or insurance providers.

Mental Health:

Was the accident sufficiently severe to cause mental health issues? Did you lose a loved one? Was a child lost, or someone close to you injured seriously? Did you yourself sustain injury that will irreversibly change your daily life? If so, you will want to engage the services of a mental health professional, such as a psychologist, therapist or psychiatrist.

Physical Therapy:

If recommended by your health care professional or emergency room staff, physical therapy should begin as soon as soon as directed. Regardless of what may be going on legally or with insurance companies, make sure that you tend to the needs of your body by staying on schedule with prescribed physical therapy.

The Police Report:

Typically, a police report documenting the details of the car accident will be available within five to seven days of the occurrence. The report is retrievable from the police department within the jurisdiction where the accident occurred. Before agreeing to anything from yours or any other insurance company, get a copy of the police report. If you are physically unable to do this, a family member or friend can obtain the report for a nominal fee (usually five to seven dollars).

Your Final Will and Testament:

In the event of the worst case scenario, you want to make sure that all of your affairs are in order. Regardless of your age, if you operate a motor vehicle, having a final will and testament will behoove your family and ensure that your final wishes are met. No one wants to consider this possibility, but endeavor to consider how well served your family will be in your absence should such a catastrophe occur. A final will and testament could be what makes it possible for your loved ones to carry on more comfortably in the event of a tragedy.

This list of considerations will save a great deal of time for you and your family both before and after an accident and if you decide to engage legal counsel. Remember, before making any statements to any insurance companies in the event of a serious accident, enlist the assistance of a lawyer you can trust.

Originally posted at InjuryBoard by Christy Thompson

States Incentivized to Ban Texting While Driving

Christy Thompson — Wed, 04 Nov 2009 19:27:00 GMT

Two new bills introduced in the US Senate, the ALERT Drivers Act of 2009, and the Distracted Driving Prevention Act of 2009, propose to incentivize individual states to illegalize texting while driving.

It wasn't long ago that talking on a cell phone while operating a motor vehicle was considered the most dangerous use of a handheld device. With all the new applications such as cell phone Internet browsing, texting (SMS), photo texting (MMS), and e-mail applications available on devices such as the RIM BlackBerry and the Mac iPhone, a quick chat on a morning commute starts to seem a far lesser evil.

Texting and e-mailing while driving take the driver's eye off the road. This coupled with the mental distraction caused by focusing on a handset and responding to a priority e-mail from the boss, for example, have proven to be lethal uses of handheld devices.

The ALERT Drivers Act of 2009 (S.1536, introduced by Sen. Charles Schumer [D-NY]) proposes to lower fatalities and other car accidents caused by texting by calling individual states to action. How? By cutting federal funding for highways by 25% in states that do not enact a law prohibiting "writing, sending, or reading text messages or e-mails while operating a motor vehicle" (111th Congress, First Session).

The Distracted Driving Prevention Act of 2009 (S.1938, introduced by Sen. John Rockefeller [D-WV]) proposes to make the use of handheld devices a primary offense (meaning the driver does not have to be violating any other moving violations laws). S.1938 also proposes a minimum fine with heightened fines after multiple offenses, both criminal and civil penalties to vehicle operators who cause accidents while enaging their handheld devices, and penalties to minor drivers who are using cell phones in any capacity.

Both bills are still in their infancy -- the ALERT Drivers Act of 2009 was introduced in July of 2009 and was referred on the same day to the Committee for Senate Environment and Public Works. The Distracted Driving Prevention Act of 2009 was introduced on October 27, 2009 and was referred to the Committee on Commerce, Science, and Transportation just two days later on October 29, 2009.

Most of us who follow bills like these know that sadly they usually die in committee. For those who wish to support these and other bills regarding cell phone and texting-while-driving bills, visit www.opencongress.com and click "Support this Bill."

Auto accidents, including fatalities on US roads and highways can be greatly diminished by bills such as these that incentivize individual states to ban texting and e-mailing while driving. This could very well be a turning point in traffic safety laws that dramatically lowers car accident injury and death.

Originally posted at InjuryBoard by Christy Thompson

Motorcycle Safety

Lauren Kay — Tue, 27 Oct 2009 23:37:44 GMT

Ah motorcycles. That form of transportation that your mother warned you about, the preferred vehicle of all tough Americans. Motorcycles are almost as much of a personality statement as they are a mode of transportation.

But there is a reason why your mother warned you against motorcyles: they can be very dangerous if not handled properly. It makes sense- motorcycle riders are not protected from the impact of another vehicle like car riders are, so the force of an impact has nowhere to go but to the person on the motorcycle. In fact, per mile, motorcyclists are 35 times more likely to die in a car crash than car passengers. In 2006, there were almost 5,000 motorcycle fatalities reported by the National Highway Traffic Safety Administration (NHTSA). 25% of these fatalities occured because the motorcycle driver crashed into a fixed object, like a light pole or wall. Contrary to popular belief, foul weather is not usually a contributing factor to motorcycle accidents.

What can car and motorcycle drivers do to prevent more needless deaths?

One way is for motorcycle drivers to wear helmets. This may seem cliche, but study after study supports the fact that helmets save thousands of lives. One study says that out of every 100 motorcyle deaths, 37 could have been prevented if the driver had been wearing a helmet. Speeding is also an important factor in motorcycle deaths, as a person is much more likely to survive an impact from a slower speed than a faster one. Also, it is important that motorcycle drivers learn basic "collision avoidance strategies", like how to swerve out of the path of a car without losing control of the vehicle.

But many studies support the idea that it is really the responsibility of the car drivers around a motorcycle to be careful and attentive. One important study on motorcycle safety concluded that "The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents". This means that car drivers need to always pay attention to their surroundings, to ensure that they don't accidentally collide with a small motorcycle.

Motorcycles can provide an enjoyable travel experience, but that pleasure comes with a price. No matter if you drive a motorcycle or car, it is so important to be a defensive and safe driver on the road.

Originally posted at InjuryBoard by Lauren Kay

Look Both Ways: The Dangers of Pedestrian Accidents

Lauren Kay — Tue, 27 Oct 2009 22:42:40 GMT

When we think of car accidents, we usually think of vehicle-on-vehicle collisions. Unfortunately, for this 81 year-old Chicago man, some car accidents involve pedestrians, usually with fatal consequences:

An 81-year-old man died Tuesday after being struck by a car in the Gold Coast neighborhood 17 days earlier, officials said.

Saul Carb, of the 900 block of North Lake Shore Drive, was pronounced dead at Northwestern Memorial Hospital on Tuesday at 12:37 p.m., according to the Cook County medical examiner's office. An autopsy determined that he died from his injuries from the accident.

Chicago Police News Affairs Officer Robert Perez said Carb was a pedestrian when he was struck by a Ford Escape sport utility vehicle at 980 N. Michigan Avenue at about 7:49 p.m. Sept. 20.

Car accidents that involve pedestrians are obviously much more dangerous to the people outside the car than to the people inside the car, and every year in America about 70,000 pedestrians are either killed or seriously injured. While pedestrian accidents don't make up a vast majority of car accident fatalities annually (only about 11%), they are the second most common cause of motor vehicle death.

There are two main causes for car-pedestrian collisions: pedestrian error and driver error. Pedestrian error usually involves the pedestrian disregarding traffic lights, jaywalking, or children darting into traffic (which can endanger both the child and the pursuing parent or guardian). Driver error also stems from the disregard of traffic signals and laws, but it also comes from a lack of attention paid by the driver to people that are already in the road. Not surprisingly, driving while under the influence can cause pedestrian accidents very easily.

Other factors that can contribute to a pedestrian accident include:

-Time of day (45% of all pedestrian accidents occur from 6 pm- midnight)

-Day of the week (risk is much greater on a Friday, Saturday or Sunday)

- Age (children under 16 are the most likely to be victims of a pedestrian accident)

- Speed of the vehicle (the faster the vehicle is going, the less likely it will be able to stop before a collision, and the more likely it is that the collision will be fatal to the pedestrian)

A car-pedestrian collision is traumatic for both the driver and the pedestrian. Obviously, no one wants to be struck by a moving vehicle, but no one wants to bear the guilt and shame of having injured another human being either. Simple precautions on both ends can help prevent a disaster. Pedestrians should always obey traffic signals and walk in designated crosswalks, only when it is safe. Pedestrians who are accompanied by small children should be especially careful not to let the child run into traffic. Drivers should always be attentive to the road, follow speeding and traffic laws, and drive soberly, especially in the evenings and late at night, when it is harder to see the road. As with all types of vehicular accidents, pedestrian accidents are easily avoidable, if we just use our heads.

Originally posted at InjuryBoard by Lauren Kay

Car Accidents: Statistics and Safety Tips

Lauren Kay — Tue, 27 Oct 2009 22:04:37 GMT

No matter where you live, or how old you are, you or someone you love have probably been affected by a car accident. In fact, in any given 5-year period, 25% of drivers are directly involved in a car accident. Every year, there are over 6 million car accidents in America, resulting in 40,000 deaths annually. These statistics are staggering, and help to reinforce how important car safety is. Let’s look at some car accident facts, and some ideas on how you can stay safe while driving in a car.

Statistics

I’ll give you the good news first: In 2008, the number of car crash fatalities was the lowest America has seen since 1961, and those numbers have continued to drop into 2009.

Unfortunately, these lower numbers are still very high: over 37,000 people died and 2.35 million people were injured in 2008 in car crashes. Car accidents are the most common cause of death, the most deadly source of personal injury, and they are the number one cause of acquired disability in the world.

There are multiple types of car accidents, such as head-on collisions, rear-enders, and side-impacts, but the most deadly type of accident is the vehicle rollover. Sports cars and hatchbacks are the most prone to accidents. Interestingly, most accidents occur less than 5 miles from home, perhaps because drivers become less concerned with the drive and more concerned with getting home quickly.

Other factors that can significantly affect one’s chances of being in a car accident are:

-Alcohol (40% of fatal crashes involve alcohol)
-Gender (men may cause twice as many accidents as women)
-Age (16-20 year olds are more likely to be injured or killed in a car crash than any other age group, and 5,000 teens die every year from car accidents)
-Cell phones (your odds of getting into a car crash increase 400% if you are talking on a cell phone while driving)

How to Stay Safe

There are many things you can do to help keep you and your family safe on the road. Here are some helpful safety tips:

-Do not drink and drive
-Always focus on your surroundings, no matter how close to home you are
-Always wear a seat belt (55% of people killed in 2008 car crashes were not wearing seat belts)
-Save cell phone conversations and texting for when you are not driving
-Do not drive aggressively (this may be why men are twice as likely to cause accidents as women)
-Make sure all teenage drivers in your home have been adequately prepared for the dangers of the road, maybe by giving them extra driving lessons before and after they are given their license

These simple precautions could keep you from being in a costly car accident, and can help keep you and your family safe on the road.

Originally posted at InjuryBoard by Lauren Kay

Rollover Accident Near Benson Sends One To Hospital

Chrissie Cole — Wed, 02 Sep 2009 14:26:00 GMT

One person has been taken to a hospital for treatment following a rollover accident on eastbound Interstate 10 near Benson in southern Arizona, according to the Arizona Department of Safety.

The accident happened about 16 miles east of Benson. One lane is blocked and traffic is slowly moving in the area. Officials expect the scene to by clear by noon on Wednesday.

It appears the crash occurred when a tractor trailer and a ’89 Isuzu Trooper traveling in the same direction, side by side, came into contact with each other causing the truck to veer into the median and the trailer it was pulling to rollover.

Visit our Tractor-Trailer Help Center and learn how to stay safe and avoid a tractor trailer accident.

Originally posted at InjuryBoard by Chrissie Cole