Arkansas Personal Injury Blog - Mass Transit (Airline, Cruise Ship, Train, Bus)

US Airways Flight 1549:Tort Reform and the Media Bias

Paul Ford — Tue, 27 Jan 2009 13:51:53 GMT

We can all vividly recall the news of the "Miracle on the Hudson" when the US Airways miraculously landed in the Hudson River just minutes after takeoff from LaGuardia Airport. The story saturated the media over the next couple of days.

One interesting story I saw was on the O'Reilly Factor. Bill O'Reilly stated that he was going to be looking for any sleazy lawyer that would file a suit over this plane crash and indicated he would publicly lampoon him/her if such a suit were filed. He was on the tort reform bandwagon bashing lawyers. He simply assumed any suit would be filed by a "greedy trial lawyer" and such a suit would be frivolous. As I watched, I was enraged. I thought I should write him a nasty e-mail and defend reputable trial lawyers. Having been involved in airplane litigation, I knew there would be a complete investigation by the National Transportation Safety Board to determine how and why this plane crash occurred. I knew the rush to judgement made by Bill O'Reilly was just that, a rush to judgment.

Last night, my beliefs were confirmed. The same Bill O'Reilly told his viewing audience that the same plane that crashed into the Hudson had, just two days previously, suffered engine failures, and had been ordered to go through a full safety inspection. O'Reilly went on to say he thought US Airways was involved in a cover-up and that this plane was could not have been properly inspected and repaired in a 48 hour period. He strongly asserted wrongdoing on the part of US Airways, and that he would continue to monitor this situation.

There was, however, no retratction of the derogatory remarks about lawyers filing suit. He clearly was wrong to make such statments, but, like many others, has found it is popular to bash lawyers. But, as the truth comes out, we learn that there may in fact be negligence involved. Good trial lawyers do just that. They investigate the facts. And then and only then do they file suit. So, the next time you hear someone criticizing a trial lawyer, remember that all the facts may not be known.

Bottom line, when choosing an attorney, make sure you select one who will examine all the facts, and having done so, makes a sound determination about whether a suit should in fact be filed. And when you hear someone bashing a lawyer, remember, he may not have all the facts. And he may be wrong, just like Bill O'Reilly was wrong.

Originally posted at InjuryBoard by Paul Ford

Buckle Up, It's the Law... Or is it? What About Our School Buses?

Ryan Scott — Thu, 15 May 2008 11:40:06 GMT

For years we have all been inundated with slogans like, "Buckle up, It's the Law", and "Buckle up for Safety", even "Don't be a Dummy, Buckle Up". The reasons for these slogans are obvious-- using a seatbelt reduces the risk of serious injury or death in a car wreck. However, this reasoning is lost when it comes to our most precious cargo... our children.

Forty-seven states have laws requiring the use of seatbelts. Most even have stiffer penalties for not buckling up children in the vehicle. But, for reasons passing understanding, these laws do not apply to school buses. Eighty-five percent (85%) of our school buses do not have seat belts, despite the fact that engineers, physicians, and crash safety experts all agree that seat belts in vehicles save lives and minimize injuries. According to the American Automobile Association, "Restrained occupants are more likely to escape harm by spreading the force of impact and gradually stopping the body, safety belts effectively reduce the severity of injuries."

So why are do we not have seatbelts in our school buses? Opponents of laws requiring seatbelts in school buses point to the cost of implementing the law as the main reason. They say that it would cost millions of dollars and may save "only" one life and several serious injuries a year. Even if that were so (and many experts disagree, including the American Medical Association, Physicians for Automotive Safety, and many other reputable experts), is it not worth that one child's life, or those several seriously injured children's well being that seatbelts on school buses be required?

Every European Union country and Australia have required lap/shoulder belts in school buses for over a decade. Isn't it time we in America offer the same protection to our future?

Originally posted at InjuryBoard by Ryan Scott

Tornado Bus Driver's Attorney Expected To Be Released From The Case

Drew Dixon — Wed, 14 May 2008 17:16:00 GMT

It has been a while since I have seen anything in the news about the Tornado Bus Driver that killed four near Forest City, Arkansas, on November 25th of last year. However, a resent article by the Associated Press said that Prosecuting Attorney Fletcher Long expected that the lawyer representing Felix Badillo Tapia, would make a request to be released from the case.

While I am unsure exactly why Tapia's attorney wants to be released, this recent decision will only delay the trial for a longer period of time. Another delay which is unfortunate for the families who lost their loved ones because they must continue to move forward without closure.

Another concern regarding the delay is the potential flight risk Tapia poses. Because Tapia remains free on a $50,000 bond, Long is concerned that the delay could make the bus driver a greater flight risk. Tapia is currently residing in Brownsville, Texas, which is just across the border from Matamoros, Mexico.

We will continue to follow this case as it progresses and update the blog as more information becomes available.

Originally posted at InjuryBoard by Drew Dixon

Bus Wreck Kills Singer/Songwriter

Sach Oliver — Mon, 12 May 2008 15:11:14 GMT

A tour-bus crash early Sunday killed gospel singer and songwriter Joyce "Dottie" Rambo when the vehicle ran off the highway and struck an embankment. Seven other people on the bus were injured in the wreck about two miles east of Mount Vernon on Interstate 44, the Missouri Highway Patrol said. They were hospitalized in Springfield with moderate to severe injuries.

It was unclear whether the crash was related to the severe storms and tornadoes that hit the region on Saturday.

Rambo, 74, of Nashville, Tenn., was on her way to a Mother's Day performance in Texas, according to her Web site. "She was a giant in the gospel music industry," said Beckie Simmons, Rambo's agent. "Dolly Parton recorded some of her songs."

Rambo was inducted into the Nashville Songwriters Hall of Fame last year and the Kentucky Music Hall of Fame in 2006.

Originally posted at InjuryBoard by Sach Oliver

15 Passenger Vans are Dangerous

Sach Oliver — Fri, 09 May 2008 17:06:55 GMT

15 passenger vans are large vehicles with five rows of seats intended to transport up to 15 people including the driver. The problem is that this van when loaded with people has a tendency to roll over easily and cause serious injury to passengers. The federal government now classifies 15 passenger vans as buses for the purposes of vehicle safety standards.

In the past, Dodge and Ford manufactured the majority of these dangerous vans. Dodge quit making them in 2002. Ford then dominated the market by making and selling 80% of the vans sold.

The National Highway Traffic Safety Adminstration found that fully loaded 15 passenger vans' propensity to roll over was 44% compared to 26% in fully loaded minivans. These 15 passenger vans are at high risk to roll over when fully loaded and traveling at high speeds, for example on interstates.

Sadly, these vans are used to carry some of our most precious cargo...people: church groups, day care services for infants, sports teams, hotel/airport shuttles, and the list goes on. Our advice is not to purchase the potentially deadly vehicles or at least do not overload the vans. If you are driving these vans, slow down!

For more information contact our offices.

Originally posted at InjuryBoard by Sach Oliver

Senate Doesn't Agree on Aviation Safety Bill

Drew Dixon — Wed, 07 May 2008 17:32:53 GMT

Sometimes party ties mean more to Senators than consumer safety. With the upcoming Presidential election only months away, partisan fighting is at an all time high causing important bills to stall in the Senate. The most recent bill to fall victim to this partisan squabble is legislation to modernize and fund the Federal Aviation Administration including such provisions as money for a satellite-based air traffic control system and a mandatory two-year prohibition on official contact between the agency and former FAA inspectors who go to work for airlines.

The bill, which had already passed the House, came as a result of an investigation showing a close relationship between airlines and FAA inspectors which had led to serious lapses in FAA's oversight. In fact, in April, a failure to comply with airworthiness directives caused American Airlines to ground more than 3,000 flights affecting more than a quarter-million passengers.

The bill also included provisions that would have provided water and food to passengers stranded for more than four hours, it would have strengthened the voluntary self-disclosure program, and it would included an independent review board to investigate air safety issues.

Both parties continue to claim that the bill may come to live again, but are we really ready to wait as passengers until the parties work out their differences.

Originally posted at InjuryBoard by Drew Dixon