Injuryboard Commentary - Car

Crashes caused by deer: safety tips that can save drivers and passengers lives

Doug Landau — Wed, 09 Dec 2009 01:00:00 GMT

In yesterday's post we discussed the reason for deer on the road, the prevalence of claims for property damage, injury and even death in Virginia caused by these animals. Today, we will share safety tips from the Fairfax County Police.

Driving tips from the Fairfax County Police:

Watch for eye shine along roadsides. Immediately begin to slow vehicle if you spot a deer.
If deer is standing on the road, reduce speed and flash your headlights. Deer can become mesmerized or blinded by bright steady lights.
Never swerve to avoid deer on the road. Swerving can cause loss of control of your vehicle and greatly increase chance of more serious damage or injury.
Take foot off brake at time of impact. This action reduces the likelihood of deer crashing through a windshield or windows upon impact.
If a deer is injured or killed, immediately report collision to Fairfax County Police Department (non-emergency) at 703-691-2131.

For more information on deer management issues in Fairfax County, contact Victoria Monroe, wildlife biologist, at 703-324-0240. If you or someone you know has been in a car , truck or motorcycle crash, and deer or other animals were involved, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Are Malpractice Claims Running Doctors Out of Business?

Mike Ferrara — Tue, 08 Dec 2009 21:06:14 GMT

In an effort to cap or otherwise limit malpractice claims across the country, tort reformers tell us again and again how the high cost of malpractice insurance is running doctors out of business. They’re scarcely scraping by, we hear, and tort reform is the only answer.

There are a number of reasons why this is bogus (check out our Cherry Hill blog for more info), but here is the latest from Forbes Magazine’s Top 25 Paying Jobs in the US. The salaries speak for themselves.

No. 1 Surgeons

Average Annual Pay: $206,770

One-Year Change: +8.0%

Employees in Field: 47,070

Best-Paying State: Wisconsin

The Job: Treat diseases, injuries and deformities by invasive methods, such as manual manipulation or by using instruments and appliances

No. 2 Anesthesiologists

Average Annual Pay: $197,570

One-Year Change: +2.5%

Employees in Field: 34,230

Best-Paying State: Kentucky

The Job: Administer anesthetics during surgery or other medical procedures.

No. 3 Orthodontists

Average Annual Pay: $194,930

One-Year Change: +5.2%

Employees in Field: 5,500

Best-Paying State: New Hampshire

The Job: Examine, diagnose and treat dental malocclusions and oral cavity anomalies. Design and fabricate appliances to realign teeth and jaws.

No. 4 Obstetrician and Gynecologists

Average Annual Pay: $192,780

One-Year Change: +5.0%

Employees in Field: 19,750

Best-Paying State: Wisconsin

The Job: Diagnose, treat and help prevent diseases of women, especially those affecting the reproductive system and the process of childbirth.

No. 5 Oral and Maxillofacial Surgeons

Average Annual Pay: $190,420

One-Year Change: +6.7%

Employees in Field: 4,760

Best-Paying State: Michigan

The Job: Perform surgery on mouths and jaws.

No. 6 Internists, General

Average Annual Pay: $176,740

One-Year Change: +5.7%

Employees in Field: 46,980

Best-Paying State: Wisconsin

The Job: Diagnose and provide nonsurgical treatment of diseases and injuries of in

No. 7 Prosthodontists

Average Annual Pay: $169,810

One-Year Change: +0.3

Employees in Field: 370

Best-Paying State: New Jersey

The Job: Construct oral prostheses to replace missing teeth and other oral structures.

No. 8 Physicians and Surgeons, All Other

Average Annual Pay: $165,000

One-Year Change: +6.3%

Employees in Field: 26,850

Best-Paying State: Minnesota

The Job: All physicians and surgeons outside of the main specialties.

No. 9 Family and General Practitioners

Average Annual Pay: $161,490

One-Year Change: +5.1%

Employees in Field: 106,210

Best-Paying State: Wisconsin

The Job: Diagnose, treat and help prevent diseases and injuries that commonly occur in the general population.

No. 10 Chief Executives

Average Annual Pay: $160,440

One-Year Change: +6.0%

Employees in Field: 301,930

Best-Paying State: New Jersey

The Job: Determine and formulate policies and provide the overall direction of companies or private- and public-sector organizations within the guidelines set up by a board of directors.

No. 11 Dentists, General

Average Annual Pay: $154,270

One-Year Change: +4.9%

Employees in Field: 85,910

Best-Paying State: Alaska

The Job: Diagnose and treat diseases, injuries and malformations of teeth and gums and related oral structures.

No. 12 Psychiatrists

Average Annual Pay: $154,050

One-Year Change: +4.4%

Employees in Field: 22,140

Best-Paying State: Nevada

The Job: Diagnose, treat and help prevent disorders of the mind.

No. 13 Pediatricians, General

Average Annual Pay: $153,370

One-Year Change: +5.6%

Employees in Field: 29,170

Best-Paying State: Kentucky

The Job: Diagnose, treat and help prevent children's diseases and injuries.

No. 14 Dentists, All Other Specialists

Average Annual Pay: $142,070

One-Year Change: +18.0%

Employees in Field: 4,770

Best-Paying State: Oregon

The Job: Specialist dentists excluding oral and maxillofacial surgeons, orthodontists and prosthodontists.

No. 15 Podiatrists

Average Annual Pay: $125,760

One-Year Change: +5.0%

Employees in Field: 9,670

Best-Paying State: Idaho

The Job: Diagnose and treat diseases and deformities of the human foot.

Originally posted at InjuryBoard by Mike Ferrara

Deer cause car, motorcycle and truck crashes

Doug Landau — Tue, 08 Dec 2009 05:36:00 GMT

As a driver who has had a few "close calls" with a "deer in the headlights," such events can be terrifying, cause injury and even death. At ABRAMS LANDAU, we have successfully represented clients who have been injured in deer-reltaed car crashes as well as commercial vehicle owners whose expensive cars have been "Totaled" after a crash with these populous animals. Fairfax County officials say the county has an estimated 250,000 deer, and more than 48,000 Virginia drivers are projected to file insurance claims this year for damage sustained as a result of a deer-vehicle collision according to a Fairfax Times newstory.

"Studies show that nearly one in every 136 Virginia drivers will have an accident involving deer in the next 12 months," said Fairfax County Wildlife Biologist Victoria Monroe, citing data from the Virginia Department of Transportation and State Farm insurance company. Virginia is projected to rank fifth out of 50 states in 2009 for all deer-related automobile accident claims filed nationwide, and 45 percent of Virginia claims are expected to be recorded by the end of this November, Monroe said. "[Deer breeding] season began in early September and lasts until late March," she said, adding that "October and November are especially precarious for drivers."

Melanie Stokes of VDOT (Virginia Department of Transportation) said there were 218 deer-related car accidents recorded in Fairfax County in 2007 and 179 in 2008. While none of those was listed as fatal, there were three fatal accidents recorded annually statewide in both 2007 and in 2008. "The average cost of a deer-related accident, including medical costs, is $3,000, according to the Insurance Information Institute," said John Townsend of AAA Mid-Atlantic. "That means if you multiply that by the projected 48,000 claims, Virginia will account for $14.4 million in deer-related accident costs this year. Nationwide, the cost is estimated to top $4.6 billion in 2009." "Collision with a deer or any other animal is covered under your comprehensive auto insurance and will not raise your rates," said Katie Walthall of ABRAMS LANDAU Herndon neighbor Griffin-Owens insurance. "We see a ton of them each year."

Monroe says drivers still need to be vigilant and aware, especially this time of year. She says four "hot spots" within the county are particularly dangerous:

the 5000 block of Pleasant Valley Drive in Chantilly;
the intersection of Braddock Road and Fairfax County Parkway in Burke;
the 7000 block of Ox Road in Fairfax; and,
the intersection of Sully Road and Westfields Blvd. in Chantilly.

"We have flashing variable sign boards at these locations," she said. "But motorists throughout the county should always be watching for eye shine along roadsides and immediately begin to slow down if they spot a deer, since they tend to travel in packs." In tomorrow's post, we will share the police safety tips to avoid crashing with a deer or herd of deer.

Originally posted at InjuryBoard by Doug Landau

Senator Delay, Senator Defend, And Senator Defend: Do The Job For Insurance Companies

Mike Bryant — Mon, 07 Dec 2009 23:17:14 GMT

We have talked about the insurance company strategy of Deny, Delay, Defend many times here at the Injurboard. A couple of companies have almost come right out and admitted that is their strategy. Say no. Some people will go away. Say you need more time. Some people will die or give up. Say Hell No! Some people will not have the resources or the help to fight. It is the way to push the unrepresented around.

Well should we be surprised the tactic is at the heart of what the Republicans are doing in the Senate with the Heath Care Bill? How do we know? They told us.

Here is the whole letter and supporting documents.

If you think maybe they are doing what's right for the consumer. Keep in mind, many of these same Senators had the chance to do something about health care in the past. They didn't. Just like insurance companies could pay the bills they are responsible for.

Originally posted at InjuryBoard by Mike Bryant

Where Do The Doctors Go?

Mike Bryant — Mon, 07 Dec 2009 09:56:00 GMT

There has been an going mantra from fans of tort reform that the main reason you need medical malpractice change is that doctors are quitting and fleeing states because of premiums. Many of the writers here at the Injuryboard have looked at this issue. There really doesn't seem to be support for the claim.

But, there are areas that are seeing reduced numbers of doctors. The question is why? A special report may have found some of them. The report found:

Doctors have been flocking to the area and surrounding Westchester County since the 1970s, drawn in part by an upper-class clientèle who demand top-notch medical care and have the means to pay for it.

The answer was that money is what drove doctors to an area. Is that why Texas , with it's high medical costs, is seeing more doctors in the area? As TortDeform recently pointed out:

Ask a doctor if they’d rather practice in White Plains, where everyone has health insurance and the doctor risks being sued, or if they’d rather practice in the California central valley (or any other poor, uninsured area) and be completely immune to malpractice lawsuits. Most doctors are going to pick White Plains because money matters.

It's time that we get beyond the myths and into what, not only makes sense, but also is the reality of what is going on. Minnesota doesn't have damage caps and it has medical facilities continuing to sprout up all over.

Originally posted at InjuryBoard by Mike Bryant

Employers who hire day laborers still responsible for workers comp benefits

Doug Landau — Sun, 06 Dec 2009 21:15:21 GMT

Employers who hire day laborers, undocumented workers and cash only laborers still responsible for workers comp benefits, according to workplace injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. In a decision in favor of Landau's client handed down by the Workers Compensation Commission, the worker's medical bills (without any deductibles), temporary total disability, out of pocket expenses for his prescription medications, travel to see his health care providers and permanent injury were all ordered to be paid by the insurance company.

FACTS: The worker was picked up at the Herndon 7-11, since, in their infinite wisdom, the Town Council closed the Herndon Day Labor Site and brought those seeking employment back to Elden Street where everyone who visits the "Historic" Town can see them every morning lining the roadway. The construction company owner selected several men with experience in the building trades who would be paid cash at the end of the day. The owner was driving a company truck, wearing the company uniform and had the company's tools in the back. Several of the laborers were dropped at a commercial construction site before Landau's undocumented client was dropped off with another worker at a residential property with the company's sign out front. The claimant was ordered to clean up the construction debris and was injured while doing so. When the injured worker sought help, he was told by the construction company that he was not an employee, and their insurance company added that he was not on their list of employees, not on their insured's work site and not covered by their policy. When the worker cam to ABRAMS LANDAU, he had received no benefits of any kind.

The injured worker had no documentary evidence other than the owner's business card and a recall of the address where he was injured. The ABRAMS LANDAU team was able to investigate his claim and find out that the residence was owned by the boss's sister, and that indeed, the company's sign had been out front. The injured workers law firm was able to show the Workers Compensation judge that by all appearances, this was indeed one of the company;s work sites, an that the men were hired by the company. Using the legal doctrine of "apparent agency," lawyer Landau was able to convince the comp judge that the claim was indeed meritorious and the judge ordered the construction company's insurer to pay the benefits sought. The construction company thought it could get away with hiring these men and then avoid responsibility if they got hurt. However, the Workers Compensation Commission ruled that the company was indeed responsible for the men it engaged and had working under its direction, regardless of their legal, temporary employment or work status. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Heath Insurance Coverage Shouldn't Be A Deterrent To Rape Reports

Mike Bryant — Sun, 06 Dec 2009 19:51:00 GMT

Interesting series in the Huffington Post last week, which looked into the issue of what happens to women who make certain kinds of medical claims. Spotlighted were the cases of women who, after being raped, needed to go through courses of HIV protection measures or who needed post-traumatic care.

Imagine even having to consider whether to report the brutality of being raped because you might later be denied for a preexisting condition. This is just an almost unthinkable deterrent.

It is the quandary that so many insurance companies profit from. The reason for the ongoing fairy tail that there is a litigation explosion out there. They profit from getting as many people as possible to buy more and more coverage. You never know when you will be sued, get sick, suffer a loss. Alternatively, they scare the heck out of people from ever using their coverage. Rates will go up, I will be denied, and I won't be able to get future care.

Just another reason why the health care debate needs to be about the consumer. That real issues , involving real people have to be at the center of any debate. This is not a time for profits over people. It is also most likely the reason why, just like in auto claims, the insurance companies have gone to the old Delay, Deny, and Defend policy.

Originally posted at InjuryBoard by Mike Bryant

The Senate Health Care Debate Continues To Be About Money Instead Of Consumers

Mike Bryant — Sun, 06 Dec 2009 17:05:22 GMT

I've written a number of times about what the issues should be at the heart of the health care debate: making sure more people have insurance, helping businesses that are being crushed by insurance costs, and most importantly, making sure we have good care. Of course, to do these things we have to talk about how to pay for them. But, I've been watching the debate for a week now, and continue to see opposition speakers get up and ignore the consumer. You can't be surprised, considering so many of them have been there for a long time and for the most part never even brought up the health care issue.

Instead it has been a stream of classic Bush/Rove attacks against the lawyers. Today, Sen. Ensign offered an amendment which would limit contingency fees in medical malpractice lawsuits to 33% of the first $150,000 of the total amount recovered by judgment or settlement, and 25% of any amount recovered in excess of the first $150,000 recovered by such judgment or settlement. The amendment also calls for the periodic payment of successful judgments.

Who does this bill help? Less people would be able to bring meritorious claims and the liability insurance companies would save money. Bad doctors could keep making money or at least feel safer in their malpractice work. The defense could spend all the money they want and delay more claims. And when a jury says they are supposed to pay, they get more time and a payment plan to do it. How does this make sense to anyone?

This idea doesn't even directly save the system money. The proponents argue indirect savings, but every such argument has been shown to be inaccurate:

Saving through the reduction of defensive medicine:

Tort Reformers Ask: "What? You asked for an X-ray!" Bah! Humbug!,Steve Lombardi, October 19, 2009 10:14 AM

Saving of reduced junk law suits:

I sn't Tort Reform Only About Frivolous Cases?, Wayne Parsons , October 25, 2009 2:08 PM

Savings through better care:

Health care Reform Must Put Patients First Because Medical Errors Happen All Too Often, Christopher Nace, November 16, 2009 10:00 AM

The shining example of Texas:

Straight Talk on Tort Reform from Texas, Bret Hanna , November 23, 2009 11:20 PM

The contingent fee system is only way that many Americans have any chance of being allowed the "key to the courtroom." People who have already suffered an injury, have medical bills and no income can only fight when they have the backing and support to do so. It is a protection that helps fulfill the basics of the 7th Amendments and protects vital consumer protections.

93,000 people die each year from medical errors. This amendment does nothing to make things safer. It does nothing to insure people have a remedy when wronged. Most of all it does nothing to deal with the real issues of the health care debate.

When the amendment comes up this afternoon, it needs to be stopped.

Originally posted at InjuryBoard by Mike Bryant

More Details In Deadly Diggins, Missouri Train Crash

Brett Emison — Sun, 06 Dec 2009 10:07:40 GMT

ABC affiliate, KSPR-33 has reported on more details in the deadly railroad crossing accident that killed Kristy Willis and injured her daughter, Kelsey.

I reported yesterday about this tragic train accident. Again, our thoughts and prayers to out to the family of Kristy Willis and her community.

Tim Bowden, whose children Tiffany Bowden and Carl Bowden survived the train crash by jumping from the pickup truck at the last second, said the train never blew its whistle or sounded a warning.

"It's a tragedy," he says. "From what my daughter told me, they pulled up on the tracks and nobody had even seen the train. The train didn't even blow a whistle, didn't blow a horn or nothing."

Neighbor, Nan Caldwell, confirmed that trains do not always blow their horn or sound a warning at this crossing. "You can't always here the train. They don't always blow the whistle," Caldwell said.

Missouri is one of the 10 deadliest states for train crashes and railroad crossing deaths. Burlington Northern Santa Fe (BNSF) railroad has been involved in many train-car collisions that have killed many drivers. In October, BNSF was hit with a $4 million penalty -- on top of a $21.6 million jury verdict -- because of its "staggering" pattern of misconduct that included destroying evidence in an attempted cover-up of its role in the deaths of four young people who were killed at one of its railroad crossings.

Railroad crossing collisions can have any number of causes. Some of these causes include:

Failure to install proper warnings, such as lights, alarms (crossing bells) or a functioning crossing gate
Defective warnings -- inoperable lights, bells or gates
Improper sight lines that prevent a vehicle's driver from seeing an oncoming train until it is too late
Failure to properly maintain the crossing -- such as allowing overgrown trees, vegetation and other foliage to obstruct or hide an oncoming train
Improperly parking a train at or near a crossing -- this not only hides an oncoming train from view, but gives motorists a false sense of safety in seeing a parked train at the crossing
Failure to sound the train's horn or whistle at or near the crossing
Other negligence that may appear on the train's data recorder or video recorder

Railroad companies should be held accountable for dangers railroad crossings that kill. Is there a different set of rules for railroad companies than for everyone else? If a railroad has a dangerous crossing where large trains speed through, shouldn't they warn approaching motorists? Why did the railroad never put up a proper warning device?

You can learn more about how to protect yourself at railroad crossings by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Motorcycle, car and truck "near misses" at the W&OD Bike Trail

Doug Landau — Sat, 05 Dec 2009 20:20:00 GMT

Two trucks and a motorcycle narrowly missed hitting cyclists near the Herndon Post Office and lumber yard because the drivers were distracted by the construction vehicles and signs. While the speed limit is only 25 mph in the vicinity of the 7-11 and the W&OD Trail, cars and trucks coming from Eldon Street are confronted with signs on both sides of the street, a new light configuration and heavy construction equipment at the lumber yard building project. Small bikes and riders coming from Reston are not easily seen as they head West. And, with the noise, dust and confusion, motorists are surprised when a cyclist comes across their path. If you are riding or training on your bike in the area of the W&OD Trail, be careful. Distracted cars, trucks and motorcyclists are confronted by new traffic patterns, vehicles turning into the Post Office and out of the 7-11 gas station and bank. It is a busy and dangerous area next to the trail used by bikers, joggers, walkers, roller bladers and skate boarders. If you or someone you know has been injured in an accident on or near the W&OD Trail, e-mail or call ABRAMS LANDAU (703-796-9555) today.

Originally posted at InjuryBoard by Doug Landau