Hawaii Personal Injury Blog - attorney

Chinese Drywall Home Construction Defect Cases Move Into Litigation

Wayne Parsons — Mon, 05 Oct 2009 14:18:34 GMT

The Biloxi (MS) Sun Herald (10/3, Newsom) reported, "It's believed enough Chinese drywall to build 100,000 houses was shipped to the United States as the Coast was rebuilding from Hurricane Katrina, and South Mississippi attorneys and others expect thousands of lawsuits over those products to emerge in the coming months." James R. Reeves Jr., "a Biloxi attorney representing about 90 Mississippi homeowners in the lawsuits," said that "as many as 16 companies making the drywall are owned by the Chinese government," and that he "is unaware of a legal judgment ever being enforced against that government. Reeves said most Mississippians may be a little more fortunate, though, because it appears about 90 percent of the suspected drywall here was made in Chinese factories by KPT, a subsidiary of the German-based company Knauf International GmbH, which is not owned by a government and has assets."

Lawmakers seek to hold Chinese drywall manufacturers accountable. The New Orleans Times-Picayune (10/4, Mowbray) reported, "With estimates of $3 billion of damage in Louisiana and as many as 40,000 households nationwide facing financial ruin because of toxic homes they can't afford to fix, members of Congress, officials at the U.S. Consumer Product Safety Commission and the parties to the national litigation in New Orleans are scrambling to find ways to hold about 20 foreign drywall manufacturers accountable. A bill in the U.S. Senate, the Foreign Manufacturers Legal Accountability Act of 2009, sponsored by Sens. Sheldon Whitehouse, D-R.I., and Jeff Sessions, R-Ala., would require foreign companies doing business in the United States to agree to participate in litigation in U.S. courts." Another tool "that groups such as the Consumer Federation of America think could help limit defective or dangerous foreign products would be to require overseas manufacturers to post bonds when they sell products in the United States so consumers could collect against them in the event of problems."

A 2002 Florida home could be one of first built with Chinese drywall. The Sarasota (FL) Herald Tribune (10/4, Kessler) reported on Jim and Joan Norton of Manatee County, FL, who "could very well turn out to be among the first owners to be sold a home built using Chinese drywall in Southwest Florida, and possibly anywhere." The discovery of Chinese drywall in the Nortons' 2002 home in WCI's Waterlefe Golf & River Club "could stretch out the timeline of the drywall problem, previously considered to have started in 2004, to a full seven years." WCI "has publicly claimed it did not use imported drywall prior to 2004."

A Virginia congressman toured some affected homes. WAVY-TV Portsmouth, VA (10/4, Marks) on its website reported that on Saturday, Rep. Glenn Nye (D-VA) met with Virginia Beach residents affected by Chinese drywall, toured some of their homes, and said that "he has legislation proposed to speed up the process to get money for those affected."

My eraly articles on the Chinese drywall situation spurred a lot of comments.

Drywall From China Causes Concern Over Sulfur Odor In Homes

New legislation could help homeowners sue Chinese drywall manufacturers - by Wayne Parsons, August 12, 2009.

So far no Chinese Drywall has been identified in Hawaii homes.

Originally posted at InjuryBoard by Wayne Parsons

What Do You Need To Know About Testifying?

Wayne Parsons — Sun, 04 Oct 2009 03:44:04 GMT

If you bring a claim for personal injury you will have to answer questions. The one thing your attorney can't do for you in your case is testify for you. At some point the client has to testify. Listening to my clients answer questions in my office, in depositions and at trial, I have learned the mistakes that people make when answering questions.

As you have seen in the other articles in this series, the questions come from the police, sometimes the other party at the scene of the accident, ambulance drivers, doctors, nurses, physical therapists, your attorney and her or his staff, insurance adjusters, the attorney for the other side and even the Judge. To get a good context for the various situations where you will have answer questions, I have listed links to the other articles in the series so you can see how and when these situations will arise.

What you need to know to answer any question in any situation is basically the same. The rules and suggestions that I make here apply to all situations. Before answering a question, even from your own attorney, think about the following suggestions.

You should only say what you know. And when you say what you know it is important that you explain how you got the knowledge. That's it. I could quit now and you should be fine as long as you follow those two steps. Of course it is more complicated than that I will walk you through the exact steps and thought processes that you should follow.

Let's start with an example.

Assume that you were in your car with two passengers, one in the right rear passenger seat, when a car on a cross street ran a red light and T-boned your car on the passenger side on the rear quarter panel. You did not see the car because your attention was focused forward.

Your rear passenger saw the car coming and saw the drivers face looking back into his back seat just before the collision, then looking forward and screaming at the cars collided. You saw him turning his wheel as if he wanted to swerve his car but it was too late.

In my first interview with you I ask you about the collision. You tell the story by reciting the facts that you got from your friend who saw the collision. You tell me:

I was driving at the speed limit and going through the intersection with the green light when a car came through the red light from my right and hit my car at 90 degrees on the rear quarter panel. The other driver was looking into the back seat as he ran the red light. He spun his head around just before impact, tried to swerve his car by turning the wheel but it was too late and we collided.

You get a D+ for this answer. We have a lot of work to do.

First, let me give you the rules of answering questions:

1. Listen to the question. Then stop. What I mean is don't start talking yet. Slow done.

2. Ask yourself: "What do I know about this question. Then stop.

3. You know:

what you see.

what you hear.

what you feel - touch and emotion.

what you think.

4. Stop and gather your thoughts.

5. Answer the question.

You didn't see the other driver or even the car before the collision. So what do you know about what the other driver was doing just before the collision? No, the answer isn't "I know nothing because I couldn't see the driver. You know that after the collision you spoke with your friend and he told you what he saw. What you don't know is whether his account was accurate. So just state what you know. Here's a good answer to the question:

We were headed north and I was going 30 mph. I don't recall when I looked at the speedometer but I normally look at the speedometer often to make sure I'm not speeding. I got ticketed for speeding when I was a kid and my parents busted me. I never speed!

As I approached the intersection I saw the light for my street change from red to green about 100 yards (you went back and took a look at the intersection and drove through a few times to make sure your recollection was correct). I heard no one in my car talking.

As I drove through the intersection. I saw no cars at the intersection. I was about to pass over the crosswalk on the other side when I heard a scream from the back seat of my car and, at about the same time, I heard a short screech of tires from the right rear. Then I felt a huge jolt from the right, felt my neck light up like a very intense shock wave slamming into my body. The cars spun and stopped. I checked my passengers and they said that they were okay.

While we waited for the police and ambulance, my passengers and I talked. The rear seat passenger told me that he saw the collision, saw the other driver looking into the backseat of his car just before the impact, etc. etc. He told me ......

We all talk to fast and think too little when answering questions on serious subjects, Your case is a serious subject.

The major mistake that most witnesses make is not taking the time and using the energy to add in the details about where they got the information about what happened. Adding in "i did not see it" or "my friend told me" is unbelievably important. Why? Because maybe the friend got it wrong. If that happens, and it does, you won't go down because your friend got it wrong. Your testimony is the "I didn't see ......, but my friend told me ..... ."

Always attribute your statements to where you got them

The key to answering questions is to be honest and make sure _ up front _ that the listener knows where you got the information. Remember that you are just a witness and that integrity of the civil justice system demands accurate and truthful answers to all questions. To be accurate, you must focus on what you know.

Its okay to say "I don't know" and most attorneys will advise their clients to phrase that answer as "I don't recall at this time."

This works with spouses and kids and even that conversation with yourself. Be honest. Think about what you know.

For background on all of the things a person needs to know about bringing a case for personal injury read the other articles in this series of tips and practical suggestions about what happens ina real case:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

These articles will prepare anyone for what lies ahead when they are injured or a family member or friend is killed and a claim is being being brought for money damages. Now its your turn to ask questions!

Originally posted at InjuryBoard by Wayne Parsons

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?

Wayne Parsons — Sun, 20 Sep 2009 00:01:00 GMT

You were injured in an automobile accident and you have decided to consult with an attorney. The 13-point list below is what you need to bring in for your first interview.

This article continues the series on practical perspectives by attorneys from around the country _ FAQ's or Tips _ about what you need to know if you are injured by someone else's negligence andgo to see an attorney.

Mike Bryant of Bradshaw & Bryant PLLC

David Mittleman and Devon Glass of Church Wyble, PC in Lansing, Michigan,

Pierce Egerton of Egerton & Associates P.A. in North Carolina,

Steve Lombardi of The Lombardi Law Firm in Des Moines Iowa

Wayne Parsons of Wayne Parsons Law Offices in Hawaii

Rick Shapiro of Shapiro, Cooper, Lewis & Appleton, P.C. from Virginia and North Carolina

Being from Hawaii I am going to make this simple because it is. The work you do will please the lawyer and get the case started in the best possible way. This applies to almost any kind of injury or death case. It will take you a bit of time but it will result in a better _ and faster _ result in your case.

1. Your Name, address (not a P.O. Box), telephone numbers, e-mail address, fax.

2. Name, address, telephone numbers and e-mail of someone who the attorney can call if they cannot reach you.

3. Names of spouse, children and, if applicable, parents

4. Date and time that the incident happened.

5. The address or location where the incident happened.

6. The names, addresses, telephone numbers and e-mail addresses of all witnesses. A witness is someone who was there and saw or heard something, or has important information.

7. The company name and policy number of each insurance policy that you have. This includes every automobile insurance policy for any person who resides with you. It also includes any Homeowners insurance policies. Get a copy of each policy and bring it with you to the firs meting with the attorney.

8. Any photographs that you have that show anything about the incident OR your injuries. Photos of your car in an automobile injury or death case can be crucial evidence. Have those photos put onto a CD or DVD and give a copy of the DVD to the attorney.

9. All papers that you have regarding the case including letters from any insurance company, the police report, medical bills or other evidence of your expenses.

10. An itemized list of your property damage losses or repair expenses.

11. A list of every doctor, hospital, clinic, physical therapy center, diagnostic laboratory, chiropractor, Pharmacy or medical supply company that you have used in regard to these injuries.

12. A list and description of every prior serious injury you have had during your entire life. If you have had serious injuries they will be brought up in the case even if the injury that you are coming in for is a fractured toe and the prior injury was surgery on your ear. Your attorney wants the date of the injury, the names of primary doctors, the cause of the injury, the name of your attorney if you brought a claim and a statement of whether you still suffer any ramifications of each prior injury

13. A photograph of you for the file.

Each law firm has a set of forms for you to fill out and usually you will first sit with legal assistant who helps you fill out those forms. So why would you do all of the work that I describe above if you are going to have to do it all over again at the interview? The reason is that the 13 items that I've laid out above are what you will be asked. Their forms may not be necessary and the legal assistant may just take the materials that you bring in and integrate it into their file system. Or at least you'll have all of the info handy so the forms can be filled out quickly. Most importantly the advance work you do will get the case started quickly and in the best posture.

As a refresher from my earlier article in this series, the attorney will want to look at the Declaration Page for each one of your automobile insurance policies. Here is what that looks like:

The series will continue next week with more about the practical aspects of hiring an attorney and being a client in a case that may involve a personal injury or wrongful death claim. Although I am in Hawaii I work with the top attorneys doing personal injury cases across the country and without doubt the series is a fundamental course in the client - attorney relationship in injury or deaths claims. You may want to look at other aspects of this series of "real law for real people":

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer? Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

Originally posted at InjuryBoard by Wayne Parsons

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers

Wayne Parsons — Mon, 14 Sep 2009 03:59:27 GMT

Your car is now stopped and you are sitting inside, shocked and hurt, after a collision on the highway. What do you do? What do you need to know? What do you say? Okay, stay calm and take a deep breath and call 911.

What you should do when you are in an automobile accident varies from state to state but there are some basic things that apply everywhere. Below are 10 steps that will help you get through the events at the scene of the crash and the few days following your injury.

At the outset, you can find an attorney to talk to on the telephone where you live by doing a Google or Yahoo Search using the terms: Injury Board Honolulu. If you live in another town in another state just put the name of your town or state in place of Honolulu in my example. That is the best way to get nearly instant legal advice.

The following are some suggestions that have uniform applicability to all automobile accident cases in the United States. If you have insights or corrections I want to know. A group of attorneys across the country have pooled our experience to answer the questions that our clients ask. As the shock of the collision sets in, what should the people involved do? Or not do?

Step #1: Help the Injured. Make sure everyone in your car is okay, call 911. Make sure everyone in the other vehicle is okay. Note the time.

Step #2: Don't apologize. There is a tendency of many people to apologize. There is plenty of time to apologize later. At the scene of the collision focus on injuries and safety and leave who was at fault for later.

Step #3: Exchange Information. Get the name, address, insurance company name and policy number of the other driver(s). Write down the license plate number of all involved vehicles.

Step#4: Witnesses. Check the area to see if there are bystanders who may have seen the incident. Point them out to the police and, if you are able to do so, ask them if they saw the crash and if they did get their contact information. Name, address and telephone number. The police often miss witnesses at the scene.

Step #5: Take Photographs of the cars and the scene. A picture is worth a thousand words and it can sometimes be important to have photographs of what the scene looks like if a dispute arises later about what happened. Photographs of any injuries that can be photographed also is a good thing to do.

Step # 6: Cooperate With the Police. This goes without saying.

Step # 7: Be Careful What You Say About Your Injuries. When you talk to the police on medical personnel at the accident scene, make sure that you know what you are saying in general and specifically about injuries. You may feel lucky to be alive and so when the police officer asks how you feel or "are you injured?" you may say "I feel fine!" or "I'm okay, despite being banged up. Later on you may find out that you have a herniated disk in your neck that you weren't aware of immediately after the collision. The excitement, relief and adrenalin of a car collision can produce a lot of things that mask your injuries. The aches and pains can come on stronger later in the day or even after a week. Don't prejudice your injury situation by blurting out "I'm okay" at the scene. The other driver's insurance company will never let you forget it. It is also important to let the police and the medical personnel what hurts. Particularly let them know if you hit your head as you may have a closed head injury that has caused blood to be leaking into your skull and that can kill you even though you may be able to walk and talk right after the incident. You may not even have much of a headache at first. As the bleeding progresses and the pressure in the skull increases, a severe headache will come on quickly and death from crushing of the brain happens quickly. It can hours, days or even weeks. If you hit your head and were unconscious or dazed, report this to the police and the medical people. Insist up on a CT scan to see if an internal bleed exists. You can read more on this subject at: Billy May and TBI: Another Closed Head Injury Death?; or, at Misdiagnosis of Brain Injury - Its Not Just a Headache - Remembering Natasha Richardson Wayne Parsons | May 03, 2009 2:20 PM

Step # 8:Tell the nurses and doctors everything. This is not a time to leave anything out. Think about what hurts and how you feel. Write it down and hand it to the nurse. Read it to the doctor. Notice odd feelings that just don't feel right. If you don't report an area of injury for a few days they can accuse you of making it up of they can suggest that maybe you hurt it somewhere else. Most injuries heal and the problem goes away during the 6 month period after an auto accident. But some get worse over that period of time even though they started off relatively small. This obviously doesn't apply to a fractured femur or broken arm.

Step # 9: Call your insurance agent. Your automobile insurance policy requires you to inform the company if you are in an automobile accident. That means calling the agent who sold you the insurance. The agent will ask you to make a statement. If you are hurt and if you may want to file a claim in the future, you should think twice about making a statement without getting legal advice first. An Injury Board attorney will help you with this at no cost to you if you retain them to investigate your case. The agent will want to tape record you over the telephone. Note that I am talking about "your" insurance company. So you ask why not make a statement to "your" insurance company. First of all that statement can be obtained by the other driver's insurance company if you make an injury claim. Any mistake you make in your statement can be used against you later. In addition, if you have an Uninsured or Underinsured Motorist claim, you will bring that against your own insurance company and they can do the same thing: use an innocent mistake in this initial statement against you. In the interview the insurance agent usually phrases questions in ways that lead you to minimize your injuries. That is the most common problem we face with these early statements. When I am involved at this early stage of a car crash case, I deal with the insurance agent, get the company the information they need and hold off on tape recorded or written statements from my client until an appropriate time. Remember, I said that you have to notify your insurance company about the accident but that doesn't mean that they can make you do anything they want you to do.

Step #10: Fill Out Any Forms Carefully. Your automobile insurance company is probably going to pay your medical bills even though the other driver was at fault. If you look on the Declaration Page of your automobile insurance policy you will see a line item for Personal Injury Protection or PIP. PIP pays the medical bills and sometimes wage loss. The amount available is whatever you bought. Unfortunately most insurance sales people their clients to buy the minimum if you have health insurance. That is always bad advice. Buy as much PIP as possible and add in coverage for as much wage loss as possible. It may take a long time to get the other driver's insurance to pay anything - years! And a lot of drivers have no insurance on their cars even though it a law violation to drive without insurance in some states like Hawaii. Your insurance company won't pay your medical bills unless and until you fill out an application for PIP benefits. The form is usually two pages long and is mostly innocent questions about the incident. There is usually a small box to "describe the accident" and another to "describe any injuries". This is where the trouble arises and where you really should have an attorney help you fill that part in. If you do it alone don't say much. Regarding injuries just refer to the doctors and hospital and tell them to get the information from the medical facilities. An excellent article on automobile insurance can be found at: Uninsured Drivers On The Highways: Cause of Higher Rates of Injuries & Deaths? By Rick Shapiro a top attorney from Virginia. Here is a Declaration Page or Dec Page:

Note that uninsured motorist protection cost this driver $21.95 to get $500,000 of protection if they are injured or killed, heaven forbid, by an uninsured driver. We have 140,000 of them in Hawaii. For $22 a family in Kaneohe or Wailuku or Des Moines is protected. Did your automobile insurance sales agent tell you to buy this coverage? If not I would like to hear why not!

The same applies to both PIP and underinsured coverages. The 140,000 uninsured drivers in the Islands are a small part of the people who buy the minimum insurance. Our legislature in Hawaii is in bed with the insurance companies. Hawaii has ridiculously low limits of coverage. Why? That saves All State and State Farm and AIG and Liberty Mutual a lot of money. Their premiums to drivers are the same and Hawaii lets them limit their exposure to $20,000. In most states it is $300,000. But Calvin Say and Governor Lingle don't care. So what if an automobile accident victim on Oahu can't work for the rest of his life. The insurance companies fill their campaign contributions and because they let the insurance companies reap big profits in Hawaii as they sell insurance policies that have low payout limits. This is really bad. Why aren't we hearing about this on major news outlets in Honolulu like KGMB, KITV, KHON and the Advertiser and Star Bulletin? Maybe its because they run prime big bucks advertising from All State, State Farm, AIG, Liberty Mutual and HEMIC. I know, quit being so cynical!

Well that takes you through the first phase of being in an automobile accident in Hawaii. There is much more and if you stay connected through Injury Board, a group of attorneys from across the country are combining on a series of articles about answers to the important questions that people have when they are injured and must deal with insurance companies, the police, doctors and the process of filing a claim. The series will cover the entire range of common issues that arise in a case from the scene of the accident to filing a lawsuit or arbitration and what happens after that.

Follow my Blog and the Injury Board Blogs from the following attorneys about what happens if you bring a claim in your automobile injury accident case. These law firms are dedicated to injury prevention, safety and protecting families. You may want to post a Google Alert for each of the following attorneys and get the entire series.

Michael Bryant of Bradshaw & Bryant PLLC in Waite Park, Minnesota,

David Mittleman and Devon Glass of Church Wyble, PC in Lansing, Michigan,

Pierce Egerton of Egerton & Associates P.A. in North Carolina

Steve Lombardi of The Lombardi Law Firm in Des Moines Iowa

Rick Shapiro of Shapiro, Cooper, Lewis & Appleton, P.C. from Virginia and North Carolina

The suggestions in this Blog are not intended to replace a consultation with an attorney, nor do they take into consideration the facts and law that applies to your particular situation. The attorneys who belong to the Injuryboard are available answer individual questions to help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Wayne Parsons

Second Circuit chief judge rules no requirement of "bad faith" finding for attorney fees reward.

Wayne Parsons — Tue, 08 Sep 2009 14:10:51 GMT

Law.com (9/8, Wise) reports, "A finding of 'subjective bad faith' is not a prerequisite for an award of attorney fees in a dismissed market manipulation case subject to a 1995 law designed to curb frivolous securities claims, a unanimous federal appeals panel in Manhattan ruled Wednesday. Writing for the panel in ATSI Communications v. Shaar Fund, 08-1815-cv, Chief Judge Dennis Jacobs concluded that a finding of bad faith is not required to support an award of sanctions ordered by Southern District of New York Judge Lewis A. Kaplan under the mandatory provisions of the Private Securities Litigation Reform Act of 1995. However, while upholding Kaplan's finding that the defendants were entitled to a fee award, the panel found that, in the absence of a bad faith finding, the judge nevertheless had to re-examine his award of nearly $70,000 to determine if it was reasonable."

Originally posted at InjuryBoard by Wayne Parsons

Banning Texting, Twitter and Cell Phone Use in Cars Isn't Enough __ Increasing Speed Limits Spikes Automobile Accident Death and Injury Toll According to New Study

Wayne Parsons — Tue, 04 Aug 2009 15:04:50 GMT

Ever here the saying that "speed kills". Well its true according to a recent study of deaths on U.S. highways. But does this apply in Hawaii? Are Honolulu and Oahu roads in need of new lower speed limits? I will tell Hawaii residents and politicians that the new study did not include Hawaii. Is that because we already have lower speed limits? Should they be even lower? The subject is not "statistics. The subject is injury or death from an automobile accident. Death is so tragic that it shouldn't be lost behind a statistic. Read on and tell me what you think. I wonder if any Hawaii politicians or traffic engineers or police officials have experience in this debate as it applies to roads on Oahu or throughout Hawaii?

A new American Journal of Public Health study concludes that increased speed limits resulted in 12,500 more deaths on US roads between 1995 and 2005. The AJPH study: Long-Term Effects of Repealing the National Maximum Speed Limit in the United States was reviewed recently in the New York Times by journalist ERIC NAGOURNEY:

The repeal of the national 55-mile-per-hour speed limit has made American highways a much deadlier place, a new study says.
The “failed policy of increased speed limits,” researchers write, was to blame for an estimated 12,500 deaths over a 10-year period. Their report appears in The American Journal of Public Health.
In 1974, hoping to reduce fuel consumption, Congress set a national speed limit of 55. After easing it in 1987, lawmakers got rid of it entirely in 1995, and since then the speed limit has risen in every state, the researchers said.

The study was based on highway fatality rates throughout most of the country. It found that while road deaths went down after the speed limit was lowered in 1974, they went back up an average of about 3 percent after 1995.

The lead author, Lee S. Friedman of the University of Illinois in Chicago, said that after the speed limit was removed, safety changes like the a

To date, Friedman and his team note in their report, most studies of the effects of speed limit changes on highway fatalities and injuries have looked at only a couple of years' worth of data, in only a few states. In their analysis, the researchers looked at traffic fatalities in every US state except Massachusetts and Hawaii over the decade after the change in Federal law. According to the study:

The National Maximum Speed Law, passed in 1974, put a 55 mph speed limit on all interstate roads. The law was intended to cut fuel consumption in the wake of the 1973 oil embargo, but it also led to a 16.4% reduction in car crash mortality from 1973 to 1974, Friedman and his colleagues note in their report.

In 1987, Congress passed the Surface Transportation and Uniform Relocation Assistance Act allowing states to lift the speed limit on rural interstates to 65 mph, which 41 states did. In 1995, Congress passed the National Highway Designation Act, which wiped out all federal speed limits.

Overall, Friedman and his team found that increased speed limits led to a 3.2% jump in road deaths. On rural interstates, car crash deaths increased 9.1%, while the increase for urban interstates was 4%.

States that raised speed limits from 55 mph to 65 mph had the biggest increases in fatalities. States that did not raise speed limits had a decline in deaths.

Overall, Friedman and his colleagues estimate that the federal law change led to 12,545 more deaths on US highways, and 36,583 more injuries in fatal crashes.

The authors of this study point to both reducing death and injury, but also lowering carbon emissions and reducing foreign oil dependence as natural results of lowering speed limits. How could that happen? The Surface Transportation and Uniform Relocation Assistance Act is coming up for renewal this November and reduced federal speed limits could be implemented by Congress through that legislation.

Friedman also supports traffic cameras:

More speed cameras could also help make roads safer, Friedman added. These are automated systems that take photos of speeders and their license plates, and then send the offender a ticket in the mail.

"You don't have the fun of having a police officer pull you over and take your license," Friedman said. Nevertheless, he added, "these systems are very effective for reducing and controlling systematic speeding."

The study did not include Hawaii but would any local driver disagree that speed is a major factor in personal injury and death on Hawaii roads? Can we live with lower speed limits in areas of Hawaii. I do believe that 55 mph is our highest speed limit so maybe we are about as low as we can get. What do you think?

Originally posted at InjuryBoard by Wayne Parsons

Railroad Accidents Capture The Public Attention After Tragic Washington D.C. Wreck

Wayne Parsons — Wed, 24 Jun 2009 00:48:27 GMT

Trains fascinate all of us _ particularly little boys _ from an early age. The sounds of the train whistle in the distance is also part of the lore of the American country-side. But the romantic images of trains and train travel also conjure up images of train wrecks and when a train crashes it is always a disaster.

Books memorialize these railroad disasters - some in pictures:

Train Wrecks: A Pictorial History of Accidents on the Main Line -By Robert Carroll Reed

Others recount the tragic incidents with a view toward safety:

Death Rode the Rails: American Railroad Accidents and Safety, 1828--1965 - By Mark Aldrich

Currently the news about the Washington D.C. Metrolink crash is continuing to come in. For people who were injured they e leery of any attorneys soliciting cases. I live in Honolulu and so i am not interested in these cases so maybe I can say this more easily than if I lived in the D.C. areas. It is illegal to approach a victim of this crash, or their family if you are an attorney or represent the interests of an attorney. If you are solicited, report the attorney to the appropriate disciplinary office with the Court in your area.

The cause of the crash is not yet understood according to news reports on Tuesday:

Authorities are focusing on anti-collision sensors in the rear train, signal failure and operator error as possible causes of the crash.

The rear train was equipped with sensors which were supposed to stop the train if another train was detected within close proximity, but investigators are not sure why the system did not engage. They are also not sure why the driver, Jeanice McMillan, 42, didn’t stop the train manually when she saw the stopped train ahead of her.

The investigation is complicated by the fact that the rear train was not equipped with data recorders, which will make it more difficult to piece together what happened. It was an older model 1000 series train that the NTSB had recommended be replaced or retrofitted in 2004 and 2006. However, no action was taken to that end, and now some are wondering if the collision could have been avoided if the train had been a newer model.

I also have recently found the articles written by Steve Lombardi of the Lombardi Law Firm in Des Moines, IA to be particularly insightful:

DC Metro Train Accident begs the question, are Washington's distractions leading us astray

Attorneys like Rick Shapiro and Steve Lombardi are not pounding their chests to get cases. They want to help promote safety through public education about the causes of these disasters. Like the attorneys of the past, they care about their communities and they exemplify the concept of doing well by doing good. You can bet that their heads are hung low in memory of the victims of Monday's crash on the Red Line in Washington D.C. Why did it happen? What can be done to make sure it doesn't happen again?

Another article worth reading is from Brooks Schuelke of Texas:

Washington, DC Train/Rail Disaster Kills At Least Seven & Injures More. What Does It Mean For Austin?

John Cooper's recent post is also informative:

Washington, DC Metro Train Ride Turns Into Terrible Wreck - By John Cooper

The Metrolink train wreck on Monday brought railroad injuries to mind all the way out here in Honolulu. We don't have trains now although a proposed fixed rail mass transit system has filled the local TV stations and the Honolulu Advertiser with controversy for the past few years.

Lawyers have been involved in the history of train wrecks and the injury and death that follow. I have followed the writings of Rick Shapiro of Shapiro, Cooper, Lewis & Appleton personal injury law firm in Virginia and the Washington D.C. that trace the history and development of the law and engineering in the area of railroad crashes. Their firm was actually formed in part with the purpose of promoting safety and dealing with the injured and deceased victims of train wrecks.

Originally posted at InjuryBoard by Wayne Parsons

Obama makes case for healthcare reform in speech to doctors.

Wayne Parsons — Tue, 16 Jun 2009 14:59:15 GMT

President Obama yesterday outlined his healthcare reform plans in a speech to the AMA in Chicago. The story was covered by all three network newscasts, though it took second billing to reports on unrest in Iran. While giving the President credit for opening a dialogue, stories last night and this morning tended to cast a skeptical eye on the President's plans for funding his reforms. Moreover, some media accounts – particularly on network television – described the AMA crowd's reaction to the President's speech as negative, and concluded that doctors' opposition to the so-called "public option" underscores the potential difficulties ahead for Obama's reform efforts. USA Today (6/16, Wolf), for example, reports, "The mood was upbeat in early March when scores of powerful lawmakers and lobbyists joined...Obama in the East Room of the White House to talk about fixing the nation's health care system. ... Three months later, disagreement has turned to discord over a key element of Obama's health care prescription: his insistence on a 'public plan' to compete with private insurers." USA Today adds, "America's Health Insurance Plans, an industry trade group, is joined by the American Medical Association, US Chamber of Commerce and others that have expressed misgivings about greater government involvement."" Many other sources covered this topic including: NBC Nightly News (6/15, story 3, 3:15, Williams), the AP (6/16, Alonso-Zaldivar), The CBS Evening News (6/15, story 4, 2:20, Glor), among others.

Two great resources on this subject can be found at:

Debunking the Myth on Defensive Medicine By Cecelia Prewett

Please Mr. President, Don't Sacrifice the 7th Amendment To Get Health Care Reform - That Is The Old Way Of Washington Politics That You Told Us You Were Going To Change - By Wayne Parsons

Malpractice award caps seen as issue of contention. FOX News (6/15) reported, "Obama has never endorsed capping malpractice awards, but has sought to shield doctors who follow standard and established procedures from lawsuits." If protections were created "for doctors who follow procedures from lawsuits" it "would move the debate" about "creating ways for doctors and hospitals to share such information as a means of improving care and reducing unnecessary costs" forward. Many other sources covered this story including: Dow Jones (6/16, Brin), the Chicago Tribune (6/16, Mccormick, Japsen), the Wall Street Journal (6/16, Adamy, Meckler), the AP (6/16, Alonso-Zaldivar), NBC Nightly News (6/15, story 3, 3:15, Williams), The CBS Evening News (6/15, story 4, 2:20, Glor), ABC World News (6/15, story 2, 2:55, Stephanopoulos) and in the Health Blog at the Wall Street Journal (6/15) Shirley Wang also covered the story.

Daschle says Obama is open to malpractice reform. Following up on a story in Monday's New York Times, CBS News (6/16) reports, "As if taking his case to the most powerful physicians group in the United States to push his controversial health care proposals wasn't a big enough headline, a New York Times report says President Obama has been working behind the scenes to protect doctors from malpractice lawsuits." Former Senate majority leader Tom Daschle told the Early Show on Monday that "Tort reform is going to be on the table," adding that there is "a clear understanding" that health costs are out of control.

Wall Street Journal criticizes Obama's views on medical malpractice liability. The Wall Street Journal (6/16) editorialized, "President Obama mentioned the medical liability problem yesterday, and it says something about health-care orthodoxies that even this political gesture sent his usual allies into a fluster." The Journal says, "The trial bar and its Democratic allies say that the threat of lawsuits promotes better care and assures accountability" however, "they've fought even modest changes that would offer liability protection if doctors adhere to evidence-based guidelines." Concluding, the paper says that while the Obama administration has billed his "views on medical liability as a 'credibility builder,'" the "only 'bargain' that seems likely to emerge is another major step toward total government control of the health markets."

Washington Times says Obama's health policies will hurt physicians, patients and hospitals. The Washington Times (6/16) editorializes, "Boos and awkward silences marked President Obama's speech at Monday's American Medical Association meeting in Chicago, and for good reason. Not only did he refuse to support caps for malpractice suits, but he said his administration would undercut how much doctors make." The Times notes, "The government is good at 'saving' money by simply reimbursing Medicare and Medicaid providers for less than their cost. It is essentially a tax that the government imposes -- a tax that doctors and hospitals pay for staying in business." Yet, "this tax raises doctors' and hospitals' costs, forcing them to charge private patients more to compensate for the lost Medicare and Medicaid revenue." Therefore, "in the short run, these higher costs will force more people out of private insurance and into Mr. Obama's proposed government-provided insurance," and eventually, "that means less health care to go around."

Columnist lauds Obama proposal. In his column in the Chicago Tribune (6/16) David Greising writes, "The question President Barack Obama placed before a skeptical American Medical Association conference in Chicago on Monday was whether American doctors wish to be part of the ongoing health-care crisis or help find a cure." He said in reference to the contested issue of medical malpractice caps that "instead of a cap, Obama is looking at evidence-based guidelines for treatment. This approach would protect doctors who follow agreed guidelines from costly malpractice lawsuits, yet leave open the courthouse door for people who have legitimate medical claims." Concluding, Greising writes that Obama's proposal "is a flexible, comprehensive start to a debate that, at long last, might finally yield meaningful results."

Originally posted at InjuryBoard by Wayne Parsons

Austin, Texas Scaffold Collapse Results In Three Deaths At 21 Rio Condo Project Construction Site

Wayne Parsons — Thu, 11 Jun 2009 03:21:36 GMT

Probably the worst fear at a construction site is the collapse of a scaffolding. Today I came across such a story out of Austin, Texas where a scaffolding collapsed at a project called 21 Rio Condo Project. Brooks Schuelke a well known attorney and safety advocate in Austin with the firm of Perlmutter & Schuelke reported on this incident that is getting national coverage, even all the way out here in Hawaii. The KXAN News report on the incident explains that three workers fell from 11 stories when a part of the scaffolding they were standing on came loose.

Scaffolding suppliers often provide safety checklists for contractors to promote safe use of the scaffold systems. In Hawaii ATLAS provides a Scaffolding Safety Checklist. In addition, as Brooks Schuelke points out, OSHA has targeted scaffolding as a major safety issue at construction sites as reported at Scaffold Safety Hawaii:

Scaffold Safety Hawaii

If you take your scaffold setup for granted, better think again. OSHA has put unsafe scaffolding on its "Most Wanted" list of safety violations in an effort to reduce the deaths caused by bad setups. Fall protection, access, platform construction, guardrails, and proper bracing and support are all cited as key focus areas.

In a report in the Honolulu Advertiser construction worker falls are a major problem:

Hawai'i's construction industry workers have suffered more than 1,000 falls from January 2002 to December 2004, an injury record that is prompting a public-private campaign emphasizing employee safety.

Labor Department officials, contractors and construction unions today will unveil a state-wide effort to urge employees to follow safety procedures and regulations when working at heights above 6 feet.

Violations of fall-protection regulations make up the No. 1 cause of citations issued by state safety officials.

Since January 2004, the Hawai'i Occupational Safety and Health division has issued 218 fall-related citations to employers — along with fines that ranged from $1,500 to $70,000.

Frustrated construction employers who receive HIOSH citations often point to the safety equipment and training manuals they provide to employees, Hardway said.

The three deaths in Austin, Texas reported by Brooks Schuelke are a reminder of the importance of careful assembly of scaffolding and of construction worker training and education.

For those in Texas who have question about the 21 Rio Condo Project, Perlmutter & Schuelke LLPare located at 1717 W. 6th Street, Ste. 375 Austin, Texas 78703 and their contact info is: (512)476-4944; http://www.civtrial.com and e-mail: mlp@civtrial.com.

Originally posted at InjuryBoard by Wayne Parsons

H1N1 Swine Flu Question: What is Lou to do?

Wayne Parsons — Wed, 13 May 2009 23:31:12 GMT

In response to an article I wrote on the H1N1 Swine Flu situation I got a Comment from Lou. He needs help. Can someone tell him what he should do .... about the Flu? Here is Lou's situation:

I returned from Honolulu last month and I was told that I had the virus....swine flu...however, my sister-in-law had this virus. She gave me a hug and that was the beginning of this illness..I flew back to CA and tried not coughing...so now, I am at my home in CA and I would like a suggestion to take medicine over the counter remedies ...the doctor that I usually visit, will not see me...until I am feeling better...and without a fever...what can I do for now?

He read my article Swine Flu Crisis Involves Huge Health Controversy and Probably Another Cover-up

I hope that someone out there can give Lou some suggestions. He is in California.

Thanks.

Originally posted at InjuryBoard by Wayne Parsons