Injuryboard Commentary - injury or death

Motorcycles Also Have the Right to Assume Car Drivers will obey the Rules

Steve Lombardi — Wed, 25 Nov 2009 12:01:00 GMT

On October 18^th 2009 at around 11:50 p.m. Ryan Thomas Brooks was eastbound on Southwest Army Post Road when his motorcycle collided with the Dodge Charger driven by Ramonte Davis. Mr. Davis is said to have pulled onto Southwest Army Post Road to back into a parking spot when Mr. Brooks crashed into the front fender of the Dodge. Mr. Brooks was pronounced dead at the scene and police believe that speed was a factor in the accident and have said that Mr. Brooks was wearing a helmet.

Not seeing motorcycles is an often given excuse for having caused a crash with one. A proper lookout is a lookout that looks not just for the obvious, but also the less than obvious drivers, like motorcycles. As a driver you aren’t responsible for just what you saw, but for what was obviously there or that you can anticipate can be there and is lawfully using the city streets and roadways. In this instance the driver of the car is most likely the at-fault driver and can be held liable to the estate and dependents. Before backing up look, look hard and look for motorcycles. They too have the right to use the roads and to assume other drivers will obey the laws in Iowa.

Originally posted at InjuryBoard by Steve Lombardi

Defensive Medicine: There Is Someone On The Defense All Right

Mike Bryant — Sat, 21 Nov 2009 17:07:00 GMT

The conservative blogs are loaded with talk of tort reform. We here at the Injuryboard continue to write about it. Guess the claim that no one is talking about it, is not only false, but intentionally misleading. It's interesting, how many of these posts get a comment with a link to the town hall site, which is claimed to have all of the answers. I spent some time looking at the link and it really does defy logic.

There is a section on defensive medicine and the very next section is entitled: "There Is No Proof That Threats of Litigation Deters Injuries" . What?????????????????? The reality is that while they use some facts, they stretch those facts and push frivolous arguments to come to a conclusion that fits for them. Even their damages charts distort the numbers to include extra fees that I would guess is the defensive medicine that actually the plaintiff was injured from. I would expect the executive compensation or medical charges costs includes even less for the injured consumer.

If you still have questions spend a little time with the American Association for Justices paper on the issue of the defensive medicine claim.

Ask the tough questions:

What tests are doctors doing that are actually not needed?

Have they ever found cancer or other medical life threatening issues with those tests?

Who got the money for those tests?

Why are so many people still dying in American hospitals?

Would more tests actually reduce the number of claims and keep more consumers alive?

My guess is that anyone claiming the existence of these tests really won't want to answer these questions. Mainly, because it simply doesn't happen and if it does they are involved in FRAUD. But, let's keep talking about it.

Originally posted at InjuryBoard by Mike Bryant

Guess What: The U S Chamber TV Ad Attack Really Did Need A Closer Look

Mike Bryant — Tue, 03 Nov 2009 15:27:00 GMT

Yesterday, I wrote about the U S Chamber's hypocritical attack on TV ads. What I didn't cover was a closer look at what was underlying the press release which went out to all of their conservative outlets. The numbers show that the US Chamber of Commerce study tracked spending on ads and actually shows that the spending has remained almost unchanged since 2006. There was a jump earlier in the decade. But get this, the number of spots have actually dropped since 2006.

So google these stories and you will find the implications that :

Oh my god lawyers are adding to the claims
Look lawyers know the gravy train is ending and are going all out
Look see this is the problem.

It's kind of funny how many of the "comments" actually say the exact same thing. But, the underlying support just isn't there. Yes, the study says the numbers are going down. So when do we hear that apology or maybe the turning of their growth theories on their head? Are the lower numbers actual proof that there is no problem?

The American Association for Justice, also pointed out that no matter the ad numbers the the National Center for State Courts shows an 8 percent decrease from 1997 to 2006 in states' civil caseload related to medical malpractice. "As usual, the Chamber is willing to bargain away injured patients' legal rights to protect the profits of their insurance and drug company financiers," Ray De Lorenzi, a spokesman for the association, said in a statement.

Originally posted at InjuryBoard by Mike Bryant

FDA commissioner endorses legislation to improve food safety.

Wayne Parsons — Fri, 23 Oct 2009 15:35:47 GMT

The Los Angeles Times (10/23, Zajac) reports, "Food and Drug Administration Commissioner Margaret Hamburg on Thursday strongly endorsed legislation that would give her agency new tools to improve food safety, but she warned that Congress still must find a way to pay for them if consumers are to benefit." The proposed "changes would require significant additional manpower and costly new computer systems, Hamburg told the Senate Health, Education, Labor and Pensions Committee." Committee Chairman Tom Harkin (D-IA) "urged the FDA to come up with cost estimates quickly because, he said, he didn't want to pass a bill that would be undermined by inadequate funding."

The Wall Street Journal (10/23, A2, Zhang) reports that Hamburg said the bill needs to be stronger and give that agency more authority as well as funding, asking that the Senate's bill more closely resemble that one that passed the House in July.

Originally posted at InjuryBoard by Wayne Parsons

Benjamin Makekau and Ikaikakane Makekau Victims of Fatal Kalanianaole Crash

Wayne Parsons — Mon, 19 Oct 2009 05:02:36 GMT

The car left the road and went airborne and crashed into a tree and the roof of the Oceanic Institute building. The occupants, Benjamin Makekau, 20, and his brother Ikaikakane Makekau (19) were dead at the scene of this violent car crash according to a KHNL News reporter Duane Shimogawa.

The incident happened on the Waimanalo side of the the Makapu'u lighthouse on a bad stretch of roadway. Police aren't sure what happened because no one has come forward to tell what led up to the deaths. Rumor has it that the Makekau car may have been racing another car. People in the area of the crash say that they heard arguing and voices at the scene of the crash. Another suspicious circumstance is that the police were not called for 45 minutes.

Someone knows what happened and they let the police know. If you know something please call the police or contact me. The KHNL report states:

Police say the driver may have been racing another car, when he lost control around a curve near the Makapuu Lighthouse on Kalanianaole Highway, Sunday.

Investigators say the 20-year-old Makekau is from Waimanalo. His brother is from Kona. They were in the car that hit an embankment which launched them into the air.

The car then crashed upside down into an Oceanic Institute building after hitting a tree and a fence.

The TV news includes a clip Keoni Limahai, who sees the dangers of this stretch of Kalanianaole Highway:

"We have lots of accidents on this roadway right here, it's a pretty busy road," he said.

"The one where they had the Gotcha Pro, had this one driver that had get into one accident, right in the same area and I think three of the people died in his car, he lived," he said.

"I think actually if they widen the road, move, so that you would have more leeway if you get off the road, you could go off a little big, instead of going in the bushes or trees," Limahai said.

The accident happened at around 2 a.m., Sunday. Police say the car veered off the road and launched into the air, crashing into the roof of the Oceanic Institute building.

We agree with Limahai who aptly points out that the real loss will be felt by the families of those who died.

"I just sorry to hear, sorry about for them families, that they lost their loved ones, but you know, you just gotta drive safe man," he said.

Police are still investigating if drugs or alcohol were factors in this crash. If you have any information about this incident, call police.

Originally posted at InjuryBoard by Wayne Parsons

Sara Sutton Dies In Single Car Crash In Hilo

Wayne Parsons — Fri, 16 Oct 2009 13:07:04 GMT

Speed and alcohol may have been involved in the tragic death of Sara Sutton, an 18-year-old Big Island resident.

According to KITV News

"Police found the crashed 2000 Honda two-door sedan against a macadamia nut tree at about 8:30 a.m. on Wednesday. The car crashed some time between 6 p.m. Tuesday and when the car was found, police said.

It appears Sutton's car ran off the side of Maikalani Drive near Amauulu Street in Hilo before hitting the tree.

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Sara was taken to Hilo Medical Center, where she was pronounced dead at 10:22 a.m.

An autopsy has been done to find the cause of death, and police want people with information about Sutton's activities Tuesday evening to call the department's non-emergency line at 935-3322. When alcohol is involved in a serious accident the police often want to see if the person was illegally served by a liquor establishment.

Originally posted at InjuryBoard by Wayne Parsons

Why Did Kenneth Richard Owens' Parachute Fail To Open?

Wayne Parsons — Wed, 14 Oct 2009 05:27:55 GMT

In a tragic story, Kenneth Richard Owens is dead today after his parachute failed to open during a sky dive on the North Shore Monday. Owens, a 27-year-old Pearl Harbor-based Navy diver, was set to deploy today and so this was a last bit of fun before he left to defend the country. I cannot imagine there grief and shock family is going through. All of these soldiers are true hero's for defending the country and when a death occurs in a domestic situation like this it is shocking and doesn't seem fair to me. Last year I represented the family of Ethan Ranz, a war hero from Fertile, Minnesota after he was killed by a drunk driver, 5 days before his discharge and return to his parents home. I cannot imagine a sadder situation. In a small way have seen what the Owens family is going through and I know that there are no easy answers for them.

According to the Star Bulletin story, by Gary T. Kubota and Leila Fujimori Owens had made dozens of jumps since August 2008. He fell 13,000 feet without his parachute opening and was found in Mokuleia.

Owens is believed to be married and have a child. He is from West Chatham, Massachusetts and his parents are David and Mary Owens of West Chatham. Our condolences go out to the family.

The FAA is investigating the circumstances surrounding the accident. According to the Honolulu Star Bulletin investigation:

Owens was in a four-person formation when his main parachute failed to open due to what Hinshaw said was a packing error. "He had a high-speed malfunction, but he should have responded by opening up his reserve."

Hinshaw said Owens was sports-jumping with three others and was on his third jump of the day.

Owens landed in a pond on Dillingham Ranch, authorities said. Skydive Hawaii employees pulled Owens from the pond about five minutes later.

The other three divers landed safely at Dillingham Airfield and gave reports to police, Hinshaw said.

The call came into the Fire Department at 12:27 p.m., and police and fire officials got to the scene quickly and began resuscitation efforts. Owens wa then taken by ambulance to Wahiawa General Hospital.

Owens had 85 to 95 jumps according Skydive Hawaii:

"I remember I congratulated him when he graduated his student program," around September 2008, and he had started sky-diving in August 2008, he said.

"He was a together guy," Hinshaw said. "He seemed to have his wits about him and command over all his facilities. He's a nice, pleasant guy."

"Skydive Hawaii regrets the loss of his life and mourns the loss with his family and friends. ... He had so much potential," Hinshaw said.

Owens packed his own parachute but carried a reserve parachute that was packed by a professional rigger, Hinshaw said.

"It's rare that someone would have a total malfunction and not deploy their reserve parachute," he said.

Hinshaw understands why Owens used his last day before shipping out to go sky-diving. "The people that kind of get addicted to sky diving, you want the adrenaline, where sky diving does give you the adrenaline," he said. "It's something that's very enjoyable.

"He was a wonderful young man," he said. "He was just enjoying life."

The statistics show that injury or death in skydiving is rare. It is actually a pretty safe sport according to the book "Jump! Make Your First Skydive Fun and Easy" by Tom Buchanan:

USPA data for 2000 shows that there were 32 fatalities, and there were 34,217 members of the organization that year. Using these figures defines a fatality rate of 1 per 1,069 members. The fatality numbers will vary significantly from year to year, but a ten year average of data collected between 1991 and 2000 shows one skydiving death was recorded for every 903 members. USPA single year data also show that members made an estimated 2,244,165 jumps in the year 2000, presenting a fatality rate of one death for each 70,130 skydives that year.

The President of Skydive Hawaii, talking to KGMG television news speculated that the problem may be from Owens packing his parachute:

"He did have a good amount of knowledge of sky-diving, he packed his own chute, he was certified to jump by himself," said Frank Hinshaw of Skydive Hawaii.

The 27-year-old and three friends had gone up with Skydive Hawaii, a company Owens first jumped with last year. Hinshaw says Owens used his own chute and packed it himself. Everything was fine during the group's first two jumps earlier in the day, but the third jump ended in tragedy.

The FAA and police are investigating but Hinshaw speculates the chute may not have been packed properly.

"He made a problem in his packing procedure and probably didn't close main parachute properly," Hinshaw guessed.

A skydiving expert tells us a jumper is taught to aim for water if half of the parachute malfunctions, but the water didn't cushion Owens' fall; his main and reserve parachutes failed to deploy

Something doesn't add up for me. Owens was plenty experienced and, I think, unlikely to screw up packing his parachute. I wonder who owned the parachute and whether if may have been defective. First the FAA will investigate and they we can look more closely at the situation. Anyone with information is welcome to Comment.

Originally posted at InjuryBoard by Wayne Parsons

Separate Wahiawa And Kunia Motorcycle Crashes Leave One Dead And One Critical

Wayne Parsons — Wed, 14 Oct 2009 04:22:31 GMT

The motorcycle was headed toward Haleiwa at about 1:15 p.m., just past Wahiawa, when it crossed the centerline on a curve on Kaukonahua Road and crashed into an oncoming car one mile past Wilikina Drive.

Going to Haleiwa ia always a beautiful way to spend the day but something went terribly wrong for the 29-year-old motorcycle driver. Whether it was speed, a problem with the motorcycle or inattention is not yet known. What is known is the deaths and serious injury on motorcycles continues to rise on Oahu this year. I have written several times this year on the subject of why motorcycles crash. Federal Highway Administration Studies Cause Of Motorcycle Crashes by Wayne Parsons, October 10, 2009 According to the Honolulu Star Bulletin News story:

Police said the motorcyclist was Haleiwa-bound at 1:13 p.m. when he failed to negotiate a bend in Kaukonahua Road and smashed into an oncoming car about a mile past Wilikina Drive. The man died at the scene. Police said he was wearing a helmet.

The other vehicle was a Chrysler sedan with 4 people in it and it was being driven by a 24-year-old woman. No one in the sedan was physically injured but you can imagine that a collision like this would leave permanent mental scars.

We have now had 42 deaths in traffic accidents on Oahu this year compared to 36 at this time last year. Why is that? Is it speed? Traffic? On the day of the Kaukonahua Road crash, another motorcyclist crashed in Kunia and was in critical condition last night. The second motorcycle accident happened at about 8 p.m. on Kunia Road near Kupuna Loop according to police. The motorcyclist is his late 50s and was taken to Hawaii Medical Center West.

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The reasons for these incidents is under investigation. If you know anything about the incidents please let us know.

Originally posted at InjuryBoard by Wayne Parsons

Federal Highway Administration Studies Cause Of Motorcycle Crashes

Wayne Parsons — Sat, 10 Oct 2009 18:30:00 GMT

Hawaii247 reports that the Federal Highway Administration is conducting an ambitious new study to better understand and prevent motorcycle crashes, Administrator Victor Mendez announced.

Between 1997 and 2008, motorcycle rider fatalities increased from 2,116 to 5,290 - a 150 percent jump, according to U.S. Department of Transportation's Fatality Analysis Reporting System. In 2008 alone, deaths due to motorcycle crashes rose by an estimated 2.2 percent while all other vehicle classes saw reductions in fatalities.

Motorcycles are one of the highest-risk groups on on our streets and highways with nearly 5,300 motorcycle riders dead in roadway crashes in 2008, accounting for 14 percent of all traffic fatalities. 96,000 were injured. In 2008 alone, deaths due to motorcycle crashes rose by an estimated 2.2 percent while all other vehicle classes saw reductions in fatalities.

“Having a better understanding of what causes these crashes will help us improve roadway safety for everyone,” Mendez said. “Keeping people safe on America’s roads is Secretary LaHood’s top priority at the Department of Transportation.”

The new motorcycle crash causation study is the first in-depth analysis of motorcycle safety in 30 years. A provision in the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU) requires the study, which will be conducted by the FHWA in partnership with the Oklahoma State University.

The Oklahoma Transportation Center is one of the U.S. Department of Transportation’s 10 National University Transportation Centers, and it receives federal grants to conduct transportation research.

“OSU is delighted to be the lead research institution for this important study,” said Dr. Alan Tree, associate dean for research in OSU’s College of Engineering, Architecture and Technology. “We expect very significant, scientifically valid results to emerge from this work and look forward to a very positive final outcome.”

Factors evaluated in the study include road configurations, environmental conditions and rider experience.

The study’s focus is to look at how these factors may be affected by countermeasures that, if effectively implemented, will prevent motorcycle crashes or lessen the harm when they occur. Prevention is a goal.

The National Highway Traffic Safety Administration (NHTSA) conducted a motorcycle causation study in 1981.

Hawaii has been among the states seeing high rates of motorcycle injury and death.

Motorcycle Deaths Skyrocket On Oahu by Wayne Parsons April 12, 2009

Originally posted at InjuryBoard by Wayne Parsons

Injured Tourist Airlifted from Hanakapiai Beach On Kauai

Wayne Parsons — Sat, 10 Oct 2009 12:16:11 GMT

Hiking to remote beaches can be risky as a 52-year-old Canadian tourist learned this week. After injuring his legs at Hanakapiai Beach on Kauai, KITV reports that a tourist was rescued and airlifted out by Kauai Rescue. Firefighters, paramedics and a life guard joined in the rescue. The rescue took place on Thursday afternoon.

The injured man was 52 and from Vancouver, Canada. His injuries prevented him from walking out on his own. That trail is not an easy one to navigate. Particularly when it is wet.

Emergency crews treated the man and airlifted him to Princeville Airport, where medics took him to Wilcox Memorial Hospital.

Originally posted at InjuryBoard by Wayne Parsons