Hawaii Personal Injury Blog - accident

Keahihoku K.P. Lum of Honolulu Struck And Killed By Boat In Maunalua Bay

Wayne Parsons — Wed, 07 Oct 2009 07:44:00 GMT

An investigation by the state Department of Land and Natural Resources (DLNR) along with the Coast Guard is underway into an ocean boating death at maunalua Bay on Sunday, 4 October 2009. The victim, Keahihoku K.P. Lum of Honolulu, was in the water diving when the boat struck him shortly before 1 P.M. The boy was a senior at Farrington High School.

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The Medical Examiner identified trauma to Keahihoku's chest and stomach from a boat propeller. Most boats have propeller guards to protect against this type of tragedy. The Propeller Guard Information Center has a wealth of information on propeller guards. The site includes references to support groups for families like the Lum's.

Memorial Sites to Propeller Accident Victims

Survivor Advocacy in General

Other Links Related to Propeller Safety

Although the death is labeled as an accident it is certainly being looked at carefully by the investigators as it should be. One mus hope that they look closely at why the propeller guard was not shielded. If anyone has information about this incident thy should come forward to the Coast Guard, the DNLR or post a Comment below.

My thoughts go out to the Lum family.

Originally posted at InjuryBoard by Wayne Parsons

Dangerous Trailers - Why Did Michael Davison Die In Kona? - Regulation = Prevention!

Wayne Parsons — Sat, 19 Sep 2009 04:42:47 GMT

Why did Michael Davison die at 49 in Kona? He was minding his own business and being responsible. His SUV was slammed by a run-away trailer carrying canoes.

I described it as a "freak accident". I was wrong.

Trailer Hitch Failure Leads to Death of Michael Davison in Kona on Sunday

I now learn that this happens across the country all of the time.

Dangerous trailers.

Michael Davison's death was a preventable event, a preventable trailer run-away, a preventable wrong way collision and _ most of all _ a preventable death. When I read the first news report of Mr. Davison's death I felt that shocked sadness of sudden death and I imagined the suffering of Michael Davison's family. When I learned that his death could have prevented I got mad. I'm still mad. Mad as hell.

In honor of the life of Michael Davison I encourage the Hawaii Legislature and Governor Lingell to check out DangerousTrailers.org and then do their job and regulate trailers in Hawaii. People are dying. Is there any higher priority?

There are no regulations on trailers. No regulation means many errors and when you have many errors on a truck hurtling down the highway snaking a bunch of canoes lashed to the trailer, you have death and injury..

After writing about the tragic death of Michael Davison I got a telephone call from a representative of DangerousTrailers.org and my eyes opened wide. Like the financial meltdown on Wall Street, like the Bernie Madoff theft and assault on decency, like the food safety crisis that makes peanut butter and tomatoes scary foods, like the Wyeth drug Phenergan amputated the music from the life of Ms. Levine, the lack of regulation is the culprit. That is the curse of the Wall Street Journal: regulation is bad. Regulation stifles inventors and start-up companies. They push to end regulation. They say that if a company is irresponsible the lawsuits will take them down. Then like scoundrel cheating husbands they sneak out back in the dark, put on a different suit of clothes and bribe politicians to eliminate lawsuits against the companies. Dark! True.

Conservatives have promoted this as free enterprise. No one who ever took an econ class about free enterprise could ever support that proposition. Unless they were dishonest.

Back to the trailer in Kona and the canoe and Michael Davison. Federal Motor Carrier Safety Administration spokesman Ian Grossman said no federal regulations or laws pertain to safety chains on utility trailers. So the consumer safety advocates at DangerousTrailers.org sent a letter to the Federal Motor Carrier Safety Administration:

That was in July 2009. Please write!

Since 1975 .... 15213 people have been killed ...... since 1988 over 468,462 injured .... 765,058 vehicles damaged our destroyed. FARS

California has easily accessible Tips on trailers on the INTERNET:

Towing Your Trailer Safely
Perform a safety inspection before each trip. Make sure that:

The pin securing the ball mount to the receiver is intact.

The hitch coupler is secured.

Spring bar hinges are tight with the safety clips in place (load equalizer or weight distributing hitches).

Safety chains are properly attached.

The electrical plug is properly installed.

People who tow trailers share the same safety concerns as other RV owners. However, a tow vehicle and a trailer form an articulated (hinged) vehicle which presents an additional set of concerns. The weight considerations described on page 30 are very important to safe towing. The tow vehicle must be a proper match for the trailer. If the trailer is properly equipped, it can perform safely under a variety of driving conditions. The tow vehicle should also have enough performance to climb mountain grades without excessive loss of speed. Here are three basic types of trailers:

Conventional travel trailers (includes folding camping trailers).

Fifth-wheel trailers.

Motorcycle, tent, and cargo trailers.

The major difference between the three types of trailers is the way they are hitched.

The Hitch and Sway Control are what I suspect is part of the Michael Davison tragedy:

Hitch Adjustment

If your hitch weight is less than 10 percent of the gross trailer weight, you can compensate for some of this by loading heavy supplies such as tools and canned goods as far forward as possible. If your trailer's water tank is behind the axle(s), travel with as little water in the tank as possible to reduce weight in the rear. Trailers with water tanks located in front usually handle best when the tanks are full, because the water adds to hitch weight.

Be sure that the spring bars of the load distributing hitch are rated high enough to handle the hitch weight of your trailer, plus a safety margin of at least 10 percent. Check for adequate rear suspension of the tow vehicle. This means that the vehicle sits relatively level prior to hitching the trailer.

Load-distributing hitches are designed to distribute the hitch weight relatively evenly to all axles of the tow vehicle and trailer. The tow vehicle and trailer should be in a level position (attitude) in order for the hitch to do its job properly. Here is how to check:

With the tow vehicle loaded for a trip, measure the distance between the vehicle and the ground at reference points, which you can establish, in front and rear. Keep the figures handy for later use.

Hitch the trailer and adjust the tension on the spring bars so the tow vehicle remains at roughly the same attitude (i.e., if the rear drops an inch after hitching, the front should also drop an inch).

Inspect the trailer to be sure it is level. If not, hitch ball height should be raised or lowered, as necessary. You may need spring bars rated for more weight if you cannot keep the tow vehicle from sagging in the rear.

Safety chains are required for travel trailers. Safety chains are not required for fifth-wheel trailers. The purpose of safety chains is to prevent the trailer from separating from the tow vehicle in event of hitch failure such as a hitch ball that has loosened. The chains should be crossed in an "X" fashion below the ball mount, with enough slack that they do not restrict turning or allow the coupler to hit the ground.

Breakaway switches are also required for any trailer having a gross weight of 1500 lbs. or more and manufactured after December 31, 1955. They are designed to activate trailer brakes if the tow vehicle becomes separated from the trailer. One end of the breakaway switch is attached to an electrical switch on the trailer frame and the other end is looped around a stationary hitch component on the tow vehicle. If the two vehicles become separated, the cable pulls a pin inside the breakaway switch and applies full power from the trailer battery to the trailer brakes.

Even though hitch component failure is rare, the breakaway switch and the safety chains must be in good working order.

The hitch on the motorcycle trailer should be on the same plane as the rear axle on the motorcycle or slightly below. This will help prevent the trailer from pushing up on the rear end when braking. Also, the hitch should be as close to the rear tire as possible to provide a more solid support without interfering with the tire. Anchor the hitch so that two mounts are on each side. One of the two mounts on either side should resist a downward force and one of the two mounts on the other side should resist the rearward pull.

The tongue length on the trailer is generally twice the trailer wheel width but no more than six feet from the axle to the end of the tongue. Good design will allow for good sway control. If the tongue is too short, the trailer will sway. If too long, the trailer will be sluggish and cut corners when turning.

For motorcycle trailers, you should consider a trailer designed for motorcycles because auto trailer tongue weights are too heavy. A trailer with a good aerodynamic design will enhance handling and performance. You also want a low center of gravity.

And Sway Control:

Sway Control

You should have good trailer handling if the weight and hitch adjustments are correct. However, the coupling between a tow vehicle and trailer should also prevent side to side motion for best possible towing comfort and safety. If you detect sway in your trailer, stop and check to see if the load has shifted. Check for suspension problems and make sure the tires and wheels are secure and inflated properly. Be sure the trailer hitch is secure. A small reduction in tire air pressure or a slight increase in tongue weight may help. A sway control device should be included when the hitch is installed. This device helps give the tow vehicle and trailer a "one-vehicle" feel. There are two basic types of sway control systems available:

Friction bar—slides in and out and is activated by the motion of the vehicles. When you brake or turn, the trailer weight compresses the bar which then compresses the trailer against the tow vehicle.

Dual cam sway control—usually works better for large trailers with heavy tongue weights. The cam action is applied to the spring of the trailer to reduce sway and shifts the weight forward. It also adjusts weight shifts which allows the trailer to follow the tow vehicle.

My promise to those who have had life changed by a dangerous trailer I offer my voice to the clamor for regulation. People are dying. Michael Davison will not have died in vain if we enact preventative legislation.

Originally posted at InjuryBoard by Wayne Parsons

Trailer Hitch Failure Leads to Death of Michael Davison in Kona on Sunday

Wayne Parsons — Mon, 07 Sep 2009 16:27:55 GMT

Deadly automobile accidents continue to plague the Big Island roads. Our condolences go out to the family of a 49-year-old California man who was killed on Sunday in a freak accident on Queen Kaahumanu Highway near Makala Boulevard. The Star Bulletin reports the story in Monday's on-line edition.

A pickup truck driven by a 36-year-old Lahaina man was going in the opposite direction and a trailer hitch failed on the pickup allowing a trailer carrying three canoes to roll free. It crossed the centerline of Queen Kaahumanu Highway and collided with the California man's vehicle. One of the canoes broke free in the collision and crashed through the windshield resulting in the death of the California man.

The deceased has been identified by police as 49-year-old Michael Davison of California. Davison was taken to Kona Community Hospital where he died at 9:45 a.m. a short time after the collision.

Although we call these tragedies freak accidents, I see many of these deaths as preventable incidents and avoidable deaths. Certainly for Michael Davison it is too late and his family will have to suffer through the tragedy. I am sure that the driver and passengers in the pickup truck are also in shock and devastated by what happened.

As time goes forward the question is what happened? The police have opened a negligent homicide investigation. At first blush the facts don't seem to support any criminal activity. The investigation will serve the purpose of finding out why the trailer broke loose. Was the latch improperly attached? Did the trailer hitch fail because it was defective? Why did the canoe crash through the windshield? Was the canoe properly attached to the trailer. Did a rope fail? The police investigation will get to the bottom of the what happened. That will take time as it should.

This accident fits into a category of automobile accidents known as wrong way driver cases even though the trailer was not being driven after it broke loose. These wrong way driver cases have gained national notice lately.

Twenty-Six More Wrong-Way Interstate Highway Drivers By Steve Lombardi

Interstate Highways and Wrong-way Drivers just seem to go hand in hand. By Steve Lombardi

The Kona collision involving the run-away happened at 8:48 a.m. and the trailer carrying the canoes is said to have "crossed the median" of Queen Kaahumanu Highway, where it hit Mr. Davison's oncoming 2009 Ford SUV. As you can see from this satellite image, Queen Kaahumanu Highway has a median strip and is wide in this area. That means the trailer had to navigate quite a distance to collide with the Ford SUV.

The driver of the pickup hauling the trailer, a 36-year-old Lahaina man, and his passengers were not injured.

Originally posted at InjuryBoard by Wayne Parsons

Risky Drivers Don't Just Drive Drunk and Speed - They Often Don't have Insurance

Wayne Parsons — Thu, 03 Sep 2009 16:09:51 GMT

Today I am looking at the drivers who cause the injury and death that plagues our interstate highways from Hawaii to North Carolina and everywhere between. Getting inside the head of the bad drivers is the first step to preventing them from doing the harm they do. So I looked at articles across the country about specific things that these folks do and I think I have a common thread that leads to the subject of this article: uninsured motorists.

Let me start at the beginning. Steve Lombardi from Des Moines, Iowa writes about distracted driving in a recent article, A Distracted Driver is More Likely to be a Dead Driver. Others have written about how speed on our interstate highways kills and about DUI and tragic consequences on the highways.

The Interstate Highway Graveyard, “Speed Kills”, Steve Lombardi, August 28, 2009

Why Speeders on the Highway Cause More Serious Accidents, Devon Glass, August 28, 2009

Death and Injury On Interstate Highways Increase With Higher Speed Limits, Wayne Parsons, August 29, 2009 2:31 AM

Drunk Drivers Caused 40% of Traffic Fatalities In Hawaii In 2006, Wayne Parsons, August 31, 2009 12:16 AM

Interstate Highways Are No Place For Drunk Drivers Over The Labor Day Weekend Wayne Parsons | September 01, 2009 4:36 PM

I noted something about each of the subjects _ DUI, speed, driving distractions _ as I read the introductory paragraph on Steve Lombardi's post because he described a common thread in all of these articles:

If you teach your teenage driver anything teach them not to driver distracted. Yesterday I’m sitting at the light and beside me in the turn lane are a young driver and two passengers. The front seated passenger is watching the light for the driver while he sits there sending a text message. I wondered why cell companies or car makers don’t come up with a way to block Texting when in a car. Really is there any reason why anyone needs to send a text message while driving or riding in a car? If the parents of this driver could only see him they’d be consequences to pay.

Driving while distracted is at epidemic proportions. Here are a few examples from Iowa. Mind you, every one results in at least one fatality. That’s where the title comes from.

Each driver made a bad decision. Each driver engaged in high risk behavior. Each one was reckless or at least careless about getting into a car and operating it on an interstate highway.

That level of irresponsibility often exists and leads to tragic consequences when it comes to drivers buying insurance for their car. Over 140,000 drivers on roads in Hawaii have no insurance. They are violating the law. Automobile Insurance is mandatory in Hawaii. If caught they will be cited by the police. They are law breakers. But the uninsured driver is not just violating some law that may result in a ticket. They are every bit as dangerous to everyone on Hawaii roads as the wrong way drivers that Steve Lombardi has written extensively about in Iowa:

Twenty-Six More Wrong-Way Interstate Highway Drivers by Steve Lombardi | August 18, 2009 9:44 AM

Wrong-Way Accidents - Complete Recap of All July 2009 Collisions by Steve Lombardi | August 15, 2009 10:28 PM

The wrong way driver may ruin someone's life in a crash. The speeder and the person who is Texting on their cell phone at the wheel may ruin someone's life. The drunk may collide with another car and ruin someone's life. The uninsured driver may _ in any of the above situations _ may make it worse by not being able to repay the victims for their losses.

And I don't think its a stretch to say that the drunks and speeders and text messages and the wrong way drivers are exactly the type of person (i.e. irresponsible) who will not have insurance at all, or will have minimum coverage on their car.

Obviously we should all buy insurance on our cars and most of us do. But what about the drivers out their with no insurance, What if the persons causing the car crashes, deaths and injuries that Steve Lombardi, Devon Glass, Mike Bryant, Pierce Egerton, Rick Shapiro and I are writing about this month, don't have insurance to pay for the hospital bills and lost income of the victims of their driving? Let's look at two types of car insurance, that every driver should buy that will protect against the uninsured or underinsured driver.

Well, I just said the magic words:

Uninsured Motorist coverage

Underinsured Motorist coverage.

It does exactly what it says.

UM: If the driver who causes an accident and injury has no insurance, your Uninsured Motorist coverage will take care of you. The good news. Its cheap. You can afford to buy a lot of coverage and you need it. A broken leg will run $30,000 dollars and a head injury with some ICU time will run $200,000.

UIM: If the driver who causes an accident and injury has inadequate insurance coverage to pay for your losses, your Uninsured Motorist coverage will take care of you. In Hawaii the minimum automobile insurance is $20,000. If the driver that hits you only has $20,000 of coverage what do you do if you have $100,000 of medical bills and are out of work for 6 months? The answer is easy. You go on public assistance _ welfare. And you don't get all of the medical care you need.

In his article on uninsured drivers, Pierce Egerton from North Carolina gives a good summary of what every driver needs to do in terms of buying insurance to protect their family: Uninsured Drivers: Who Are These People? by Pierce Egerton:

A growing number of these uninsured motorists are people hit hard by the economic downturn. These are folks who can’t make ends meet and let their insurance coverage lapse.

A lot of them, however, are among the most dangerous drivers on the road -- people whose licenses were revoked after convictions for offenses such as DWI and Careless & Reckless driving. According to government estimates from 2004, uninsured drivers are ten times more likely to have DWI convictions and six times more likely to have convictions for driving an unsafe vehicle.

Wayne Parsons posted an eye-opening piece yesterday outlining how serious the threat from drunk driving really is. What we often don’t hear about drunk driving is that innocent people are often victimized twice at the hands of the drunk driver. The victims suffer not only the horrific physical injuries inflicted in the crash, but they also suffer a devastating financial blow when the drunk driver is also uninsured.

I highly recommend reading the entire article, but if you do nothing else follow the sage advice that Pierce Egerton ends with:

Call Your Agent

Before you head out onto the interstates and highways this Labor Day weekend, make sure your auto policy covers you against the risk of being hit by an uninsured driver. Give your insurance agent a call. Ask whether you have Uninsured and Underinsured coverage and what the limits of the coverage are

And before you call your insurance agent read the list of things to ask in the article on insurance by Rick Shapiro from Virginia: Uninsured Motorist Car Insurance: It's Your Most Important Car Insurance and Here Is Why - by Rick Shapiro from Norfolk,Virginia:

The uninsured motorist law is a quite complicated beast and the car insurers fight these cases big time. They hate having to pay you but they make money collecting premiums, and should have to pay valid claims irrespective of the type of coverage if the uninsured driver causes your injury. It takes an experienced injury lawyer to explain all the fine points. Be advised however that you want your uninsured motorist coverage to always be as high as your general liability insurance limits--so check your existing policy coverages. (General liability limits protect you up to the liability coverage amount if you are careless or negligent in a car accident, so be sure your uninsured motorist coverage is equal to the liability coverage amount). So, next time you get mad about uninsured motorist coverage, remember that its your most important car insurance you have.

It is impossible to avoid all accidents and prevent all injuries. At least be prepared by having adequate insurance to protect you and your family.

Originally posted at InjuryBoard by Wayne Parsons

Whistleblower suit accuses Toyota of concealing evidence in hundreds of accidents.

Wayne Parsons — Wed, 02 Sep 2009 06:00:18 GMT

The Los Angeles Times (9/1, Hennigan) reports, "Toyota spent years concealing evidence from victims of hundreds of rollover accidents that resulted in death and injury, a former top lawyer for the automaker says." Dimitrios P. Biller of Pacific Palisades, "a former managing counsel for Toyota Motor Sales USA Inc., said in the suit that the company repeatedly forced him to illegally withhold information from opposing lawyers and made him resign in September 2007." In the July 24 lawsuit filed in federal court in Los Angeles, "Biller accuses the world's largest automaker of destroying data in more than 300 accidents that proved vehicle roofs were substandard." Clarence Ditlow, executive director of the Center for Auto Safety, "said that if what Biller says is true, the financial repercussions for Toyota could be massive."

Bloomberg News (9/1, Davidson) reports, "Toyota Motor Corp. may face demands that rollover-crash cases it won or settled be reopened, in light of accusations by a former company lawyer that the company hid records sought by plaintiffs." Mikal Watts, a lawyer in Corpus Christi, TX, said, "The petition alleges conduct by Toyota that would cause every case ever resolved by Toyota in the past 10 years to be re-opened," adding, "We intend to ask the courts to re-open these lawsuits."

In a blog at the New York Times (8/31), Christopher Jensen wrote, "In their own court filings, Toyota officials responded that Mr. Biller was a disgruntled employee with a vendetta against the automaker and a history of breaking his word, including a nondisclosure promise made when he left the company. Mr. Biller responded that he was not bound by that promise because the information he was disclosing involved crimes." Biller "was suing for wrongful termination, emotional distress that he said led to psychiatric problems and civil violations of the federal Racketeer Influenced Corrupt Organization Act."

Class-action filed. CBS News (8/31, Levin) on its website reported, "Toyota has been charged in a class action suit with illegally hiding evidence from plaintiffs in cases stemming from highway deaths and injuries across the U.S." The suit, filed in U.S. District Court in Los Angeles, "seeks to represent all plaintiffs who lost or settled cases in which Toyota allegedly concealed evidence. It was filed late Friday by lawyers for Bella Basco and Crystal Ennis, both of whom suffered catastrophic injuries in rollover wrecks when vehicle roofs collapsed."

Originally posted at InjuryBoard by Wayne Parsons

Woman In Wheel Chair Struck By Hit-and-Run Driver on Bishop Street

Wayne Parsons — Sun, 30 Aug 2009 19:28:17 GMT

Another hit-and-run victim _ a 55-year-old woman in a wheelchair _ is reported in the Star Bulletin today:

A 55-year-old Mililani woman in a wheelchair was struck by a vehicle about 10:20 p.m. Friday in a crosswalk on Bishop Street, near Beretania Street, police said.

The vehicle fled the scene and the pedestrian was taken to the Queen's Medical Center in serious condition with leg and other injuries. Her condition later was upgraded to fair, police said.

The case is under investigation.

If you have any information about this incident please write to me or call the police. I have written recently about other pedestrian injuries and the death of Pelagia Inge on Fort Weaver Road last week. Pelagia Igne's Family Calls for Fort Weaver Road Hit-and-Run Driver's Surrender .

The recent incident happened in the heart of downtown Honolulu where there isn't much traffic at 10 o'clock at night.

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Originally posted at InjuryBoard by Wayne Parsons

Chrysler Bankruptcy Update: Car Giant To Accept More Product Liability Claims.

Wayne Parsons — Fri, 28 Aug 2009 18:47:49 GMT

The AP (8/27) reported, "Chrysler Group LLC said Thursday it will accept product liability claims in a broader number of cases than originally planned in its reorganization under bankruptcy protection. The automaker said it will now consider product-related lawsuits from consumers involved in accidents that occurred after Chrysler emerged from bankruptcy protection in June that involve vehicles manufactured by the old company." Joanne Doroshow, "executive director of the Center for Justice and Democracy, said Chrysler had 'responded to pressure from injured victims and consumer groups and we commend them for taking this important step to protect public safety.'"

The Detroit News (8/27, Shepardson) reported that Chrysler senior vice president for external affairs and public policy John Bozzella said, "While Chrysler Group still faces challenges, we are confident today that the future viability of the company will not be threatened if we assume these obligations." Chrysler "noted its approach is now consistent with that taken by General Motors Co. as part of its bankruptcy process, Chrysler said. But Chrysler will not accept liability for lawsuits filed for incidents filed before June 10."

Bloomberg News (8/27, Rosenblatt) reported that as part of the original bankruptcy agreement, Chrysler had "agreed to assume liability only for cars sold by the newly formed company."

The Wall Street Journal (8/27, Linebaugh) and Reuters (8/27, Bailey) also covered the story.

Originally posted at InjuryBoard by Wayne Parsons

Death Of A Child In Hawaii

Wayne Parsons — Mon, 24 Aug 2009 20:05:00 GMT

Hawaii like most states witnesses teenage death and serious injury most frequently because of suicide and car crashes. A new study shows that Hawaii _ which used to be the safest place for Keiki is now not so safe for kids. When I first came to the Islands in 1967 I was blown away by the Keiki - kids. The recent Star Bulletin story by Kaylee Noborikawa will break hearts across the State of Hawaii. Nothing matters more in the Islands than the safety of the kids!

In 2006 and 2007 kids death rates increased significantly according to the new Kids Count study. If you want the total picture, go to the Kids Count Data Center.

The teen death rate rose to 57 per 100,000 teens (ages 15-19) in 2006, compared with a rate of 37 a year earlier -- resulting in Hawaii losing the best ranking, according to the Kids Count report released yesterday by the Ann E. Casey Foundation. The number of deaths per 100,000 children (ages 1-14) increased in 2006 by 31 percent to 21 deaths from 16 deaths per 100,000 children in 2005.

Loretta Fuddy, state Family Health Services Division chief, said the leading cause of death for teens in Hawaii is traffic accidents, followed by suicide. For children, the primary cause of death is related to conditions at birth, but motor vehicle deaths rank fourth.

"It's a growing concern for Hawaii as we see more reports of motor vehicle incidents related to speeding, use of substances while driving, and young children that are not using appropriate seat belt restraints," Fuddy said.

Hawaii went from #1 for lowest teen death rate in 2004 and 2005, to #13 in the latest Kids Count report.

The 20th annual data book compared statistics from 2007 to measure children's welfare across the nation. Hawaii's overall ranking dropped to 18th, compared with 13th in 2006.

The study showed that the teen birthrate in Hawaii increased in 2006 to 41 from 36 in 2005 for every 1,000 births by 15-to-19-year-olds.

"I think we need to support teens in making healthy life choices and be prepared before they make the choice to engage in sexual activity," said Fuddy.

Hawaii improved in five indicators since last year's study and ranked in the top 10 in four categories.

The state placed second in the nation for lowest percentage of children in poverty, defined as a four-member family with an income below $21,027.

But Sylvia Yuen, the Hawaii Kids Count coordinator and director of Center on the Family, said the Kids Count percentage is "really, really understated." A family of four in Hawaii would need $57,893 to cover bare minimum expenses, she said, citing research from Center on the Family.

"The data is accurate in the sense they used federal poverty guidelines, but the cost of living is higher in Hawaii," Yuen added.

The state placed third for high school dropouts (ages 16-19) at 4 percent in 2007, compared with a national average of 7 percent. Hawaii also placed 10th for infant mortality rate and percentage of children in single-parent families.

Other indicators that improved include the percent of low birth-weight babies and the number of children living in families where no parent has full-time, year-round employment, which includes children living with a single parent or neither parent. Children under 18 fall into this category if the parent they live with worked less than 35 hours a week and less than 50 weeks in the prior year.

"I think that we're doing pretty good, but we really should aim higher. We should be No. 1 in terms of providing the kind of supporting environment and nurturing that our keiki deserve," Yuen said.

New Hampshire, Minnesota and Utah ranked in the top three of the report, while Alabama, Louisiana and Mississippi placed last on the list.

Originally posted at InjuryBoard by Wayne Parsons

Hilo Motorcycle Death On Hawaii Belt Road Leads To Negligent Homicide Investigation

Wayne Parsons — Sat, 18 Jul 2009 15:07:54 GMT

In another sad day on Hawaii roads Hilo resident Joseph Flood, Sr., died as he road his Harley Davidson motorcycle north on Hawaii Belt Road (Route 11). The call came into police at 11:55 A.M. on Monday July 13th reporting the crash. A 67 year old Kurtistown woman had turned left onto Hawaii Belt Road after stopping at the stop sign at the intersection of Makalika Street. Her car appeared in front of Mr. Flood blocking his right of way. The ensuing collision cost Mr. Flood his life. He was pronounced dead at 2 P.M. at Hilo Medical Center. Our condolences go out to the family and friends of Mr. Flood.

The KITV news report suggests that speed may have been a factor. Police ask that anyone with information about this case call Officer Robert Pauole at 961-8119. A negligent homicide investigation is underway to determine if the Kurtistown woman was negligent in turning into the path of the motorcycle. She was driving a 2006 Mazda 4-door sedan. The driver of the Mazda had stopped at a stop sign and then turned left in front of the north bound motorcycle drive by Mr. Flood.

Mr. Flood was riding a 2003 Harley Davidson motorcycle in the inside lane going north on Hawaii Belt Road when he broadsided the Mazda sedan crossing the intersection.

This is the 14th fatality on the Big Island this year. Motorcycle injury and death has been at epidemic proportions in Hawaii this year:

Keaau Motorcycle Crash Sadly Results in Two Deaths - By Wayne Parsons

The driver of the Mazda sedan was not seriously injured. Was she at fault? Apparently the Hilo police are investigating that question. The law on negligent homicide states the following:

§707-704 Negligent homicide in the third degree. (1) A person is guilty of the offense of negligent homicide in the third degree if that person causes the death of another person by the operation of a vehicle in a manner which is simple negligence.

(2) "Simple negligence" as used in this section:

(a) A person acts with simple negligence with respect to the person's conduct when the person should be aware of a risk that the person engages in that conduct.

(b) A person acts with simple negligence with respect to attendant circumstances when the person should be aware of a risk that those circumstances exist.

(c) A person acts with simple negligence with respect to a result of the person's conduct when the person should be aware of a risk that the person's conduct will cause that result.

(d) A risk is within the meaning of this subsection if the person's failure to perceive it, considering the nature and purpose of the person's conduct and the circumstances known to the person, involves a deviation from the standard of care that a law-abiding person would observe in the same situation.

(3) Negligent homicide in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1988, c 292, §3]

A misdemeanor is punishable by up to one year in prison and a judge may also give a sentence of probation, meaning the person would not go to jail. That is appropriate for conduct that, while negligent, was not intentional and was not grossly negligent

Originally posted at InjuryBoard by Wayne Parsons

Ocean Personal Injury Law - In A Jones Act Injury Case What Does It Mean To "Arrest the Ship"?

Wayne Parsons — Thu, 16 Jul 2009 12:25:16 GMT

How do you make Jones work you? If you are a “Jones Act” Seaman and you have been injured while working then the first step is file a complaint with the State or Federal Court for your employer’s Jones Act negligence. Unlike land-based employees, Jones Act seamen are able to file a negligence claim against their employer for injuries, failing to provide a safe work environment, and for an unseaworthy vessel; a seaman’s damages are not limited to worker compensation type damages. Worker’s compensation damages only cover medical benefits and lost wages. However, a Jones Act seaman who proves his employer was negligent and caused his injuries can sue for both past and future lost wages, as well as for past/future medical care, past/future pain and suffering, mental anguish, and damages for losing the ability to enjoy life because the injury inflicted.

In addition to Jones Act claims, seamen may also file a claim for Unseaworthiness, in which they do not have to prove their employer’s negligence in causing injury.

See: Unseaworthiness Claims: Overview

Under an unseathworthiness claim the seaman only has to show that the vessel was not seaworthy and that this caused his/her injuries. Unseaworthiness is a strict liability claim that is easier to prove, whereas proving the employer’s negligence can be more difficult because it requires a seaman to prove his employer either knew or should have known about the condition before the injury resulted. Craig Smith's internet resources provide pretty good detail on these tort concepts in general:

Strict liability in tort is the concept that in certain situations a defendant is liable for plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent.

Nonetheless, a seaman is not required to prove both negligence under the Jones Act and Unseaworthiness in order to be able to recover damages. A seaman must only prove one.

Sometimes obtaining a recovery means that you must arrest the ship. An injured crew member can actually name the boat as a defendant "in rem" and actually have the boat arrested. In rem gives the court the ability to exercise power over the boat as property. In order for the ship to be arrested on behalf of an injured seaman, he/she must allege that his/her injury resulted from the unseaworthiness of the ship.

After a ship is arrested the employer or owner must file a bond with the appropriate court for the amount of the injured seaman’s damages before his ship can be released. Whether or not the ship is insured determines whether or not arrest can occur. If the ship or vessel is inured then the insurance company is required to pay for the court determined damages.

The Jones Act and Passengers: The Jones Act does not apply to passengers on a boat/ship/vessel. However, its concept does apply to passengers. The concept is provided for in the Passenger Services Act (PSA), which came into effect in 1886. A claim by a passenger on a cruise ship, sightseeing tour or scuba diving excursion can be brought under general maritime and admiralty law. I will write separately about that subject.

If you have suffered an injury while at sea and think you may qualify as a seaman or have a claim of unseaworthiness against your employer then you should contact a qualified maritime lawyer to pursue your claim properly. Maritime and Admiralty claims are complex and should be handled by a qualified attorney who understands the intricacies involved in pursing such claims.

Originally posted at InjuryBoard by Wayne Parsons

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Strict liability in tort is the concept that in certain situations a defendant is liable for plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent.

Memorial Sites to Propeller Accident Victims

Survivor Advocacy in General

Other Links Related to Propeller Safety