Injuryboard Commentary - injury

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

Winter Brings Tough Driving To Southern Minnesota

Mike Bryant — Tue, 08 Dec 2009 23:47:47 GMT

A real winter reminder is giving us very tough driving all over Southern to Central Minnesota. The Minnesota Department of Transportation has a winter-storm warning today through Wednesday for the Twin Cities and much of east-central Minnesota. A Blizzard Warning has been extended to the counties just south of the Twin Cities and south central and southeast Minnesota along the I-90 corridor. Tuesday afternoon, the Minnesota State Patrol had logged 186 accidents in the metro area alone.

Winter road tips from DPS and MnDOT include:

Always use seat belts.
Accelerate and decelerate slowly on icy/snow-covered roads to retain traction and avoid skids.
Do not use cruise control.
Do not “power up” hills, which may cause wheels to spin. Build momentum before reaching a hill and don’t stop while traveling uphill. Reduce speed before going downhill.
Know your brakes. Keep the heel of your foot on the floor and use the ball of the foot to apply firm, steady pressure on the brake pedal.
Give yourself plenty of travel time. Don’t put your schedule before safety.
Clear snow and ice from vehicle windows, hood, headlights, brake lights and directional signals.
Headlights must be turned on when it is snowing or sleeting.

Most police officers asked say the key is usually to Just Slow Down.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Albemarle County Virginia UPS Truck Crash Injures Four

Emily Mapp Brannon — Tue, 08 Dec 2009 23:20:00 GMT

A two-vehicle crash took place on Richmond Road in Albemarle County, Virginia which involved a Toyota Camry and a tractor-trailer truck. According to investigators, a 1992 Toyota Camry driven by an 18 year old girl was travelling east on Richmond Road and turned left onto eastbound I-64 in front of the truck. The Ford tractor-trailer owned by United Parcel Service which was driven by Earl Wray crashed directly into the Camry. This particular intersection has a traffic signal.

All four occupants of the Toyota Camry including Logan were transported to UVA Hospital and were treated for the injuries they sustained. It was reported that the UPS driver was not injured. The Camry was completely totalled, while the tractor trailer sustained an estimated $30,000 worth of damage. Although the young lady was at fault for failing to yield the right of way, the passengers in the car where at the total mercy of the driver and were injured through no fault of their own.

Drivers are expected to follow all rules that govern traffic and not taking heed of traffic signals will surely not end well for the driver and the unwilling victims known as the passengers. Although riding along with a friend seems perfectly normal, it is important to pay attention to the driver’s physical and emotional state of mind, especially prevalent with younger and less experienced drivers.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Emily Mapp Brannon

Minnesota State Patrol Has Increased Holiday DWI Patrol

Mike Bryant — Tue, 08 Dec 2009 12:42:00 GMT

This past week, law enforcement groups in Minnesota have been stating that DUI patrols will be increased for the holiday season. Since a lot of our work is in Stearns County, which ranks Sixth deadliest county for DUI deaths in the State of Minnesota this is significant news. The patrol is an effort to combat that problem.

In the Duluth News Tribune, Dr. Christopher Delp, an emergency physician at St. Luke’s, in Duluth pointed out:

December is the busiest month in the emergency room for motor vehicle crashes. Almost 40 percent of the major trauma victims have alcohol levels well above the legal limit, he said. Walking into the waiting room and seeing the hopeful faces of a victim’s family and friends — and then having to tell them that their loved one is in critical condition or has been killed by a drunken driver — is one of the most difficult jobs he must do.

The announcement is intended to remind people of the dangers of drinking and Driving and also add to the ongoing discussion about the problem. With the number of deaths caused by driving while intoxicated increasing in the State, this is a noble effort.

It's important we all keep the following in mind:

Don't Drink and Drive

Use designated Drivers

Always remember that the more you drink the increase chance you will make bad choices.

As Drivers on the road: It's also worth keeping in mind, the deadliest roads in Stearns county to try to stay away from at night.

Originally posted at InjuryBoard by Mike Bryant

Toyota Takes Another Blow

Paul Thomson — Tue, 08 Dec 2009 09:07:44 GMT

The Los Angeles Times recently reported that Toyota is, once again, under investigation by the National Highway Traffic Safety Commission. The investigation deals with 26 recent reports of Toyota Corolla and Matrix models from the year 2006 stalling in traffic. Sometimes the stalling occurred at highway　speeds or in intersections. Clearly, this poses a huge safety concern! The complaints are another of many quality-related issues this year, including runaway vehicles; rust problems in the Toyota Tundra that can cause the spare tire to fall off into traffic; and malfunctions in the Toyota Sequoia's electronic stability control system that can cause the brakes to seize. Toyota has recalled a whopping 4.8 million vehicles since January!

Another LA Times report revisits the sudden acceleration or runaway Toyota vehicle issue and discusses the fatal Saylor crash in particular. Investigators have concluded that, while the rubber floor mats could have been a factor, other causes, like electronic or mechanical issues, cannot be ruled out. Most shocking, however, is the discovery that the crash may have been preventable. The Lexus ES 350 involved in the crash　was loaned to the Saylor family by a dealership while their vehicle was being serviced. Another customer who had used the car prior to the Saylor family experienced an acceleration incident and reported it to the dealership. Somehow the information was lost and the vehicle was put back onto the road, resulting in the death of four people! The fact that this horrible incident could have been prevented by an increased level of communication is saddening. Hopefully, safety issues will be taken more seriously from now on! This should serve as a wake up call to businesses that do not have any type of formal complaint process in place, especially one dealing with a safety related issue that could potentially cause serious injury or death.　Maybe this dealership had such a policy in force and it just failed to properly train its employees. At this point in the story who knows. Hopefully it, and other dealerships can learn something from this incident.　 Sadly, I　 see similar stories in the defective product cases that I have been involved in. Complaints were made, they piled up, and nothing was done.　Only when a serious injury or death resulted (and usually a lawsuit) was the system overhauled and re-worked.

Originally posted at InjuryBoard by Paul Thomson

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

Consequences of Dental Negligence

Jim Lewis — Mon, 07 Dec 2009 19:32:54 GMT

Dental care and treatment mostly consist of non-invasive procedures and for the most part your visit to the dentist is usually routine and injury free. However, a small percentage of dental visits aren’t so kind. In fact, there can be certain complications that could arise as a result of simple procedures gone horribly wrong and that could bring life-altering changes in one’s oral health.

Examples of dental malpractice cases of which a patient can claim for compensation are:

-Nerve injuries affecting a patient’s ability to taste
- Nerve injuries causing paresthesia or permanent numbness in the tongue
- Complications arising from improperly completed crowns and bridges
- Dentists’ failures to take a patient’s relevant medical history into account before acting
- Certain complications from anaesthesia, even when releases are signed
- Unnecessary extraction of multiple teeth
- Extraction of wrong teeth

The examples listed above can be accountable as negligence on the part of the dentist. A dentist can also be sued for failure to do something which they could have done, such as failing to diagnose oral cancer and other serious oral problems. This is an act of omission by a dentist which could result in substantial harm to the patient. If you have been a victim of a dental negligence and malpractice, you should seek a competent personal injury lawyer who can help you in this matter.

Originally posted at InjuryBoard by Jim Lewis

Method Proposed to Prevent Another Vioxx

Paul Thomson — Mon, 07 Dec 2009 10:23:32 GMT

Vioxx, an arthritis drug, became very popular when it was released in 1999, but five years later, the drug was taken off the market because of evidence that it increased the risk of heart attack and stroke. A method to prevent a similar situation from occurring in the future has been proposed, as reported by The New York Times. The system would pool data as it was collected from clinical trials in order to gain a better perspective on the big picture. It would essentially be a database that would be updated in almost real-time.　

The authors of the study argue that the makers of Vioxx could have recognized the increased heart attack and stroke risk if they had used a similar method. From their research, they believe the company could have been aware of the risks as early as 2002. Since the Vioxx incident, the Food and Drug Administration has increased its standards, but some argue that they still do not have enough power. The database idea could be a way to increase the safety of our drugs, but some argue such a large database would be too expensive to maintain. However, this is our health and quality of life, so isn't it worth the cost?

Originally posted at InjuryBoard by Paul Thomson

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

Injury severity has the most effect on workers' compensation payouts, not attorney fees

Doug Landau — Mon, 07 Dec 2009 01:27:00 GMT

The severity of injury and level of impairment -- not the workers' legal fees -- have the most effect on payout for workers' compensation claims among Illinois construction workers, researchers at the University of Illinois at Chicago School of Public Health have found. The research is published in the November issue of the Journal of Occupational and Environmental Medicine. journals.lww.com/joem/pages/default.aspx

The study uses workers' compensation data to quantify the actual amount of money spent on claims. The researchers identified specific factors associated with cost, such as age at the time of accident, weekly wage, fatality, attorney representation, number of body parts injured, and the severity of injury. Demographic data was also obtained for workers filing claims, including sex, marital status, number of dependents, and place of the accident.

The study evaluated 19,734 claims filed with the Illinois Workers' Compensation Commission between 2000 and 2005. Such claims are filed when an employee and employer are unable to resolve compensation for an injury independently. There were 1.21 construction claims per 100 Illinois construction workers. The study also found that those injured workers who had a lawyer helping them received more in compensation than those representing themselves, after controlling for all other variables. "The discussion that workers retaining attorneys are driving up costs always surprises me," said Lee Friedman, assistant research professor of environmental and occupational health sciences at UIC and lead author of the study.. "There has never been a discussion about employers retaining attorneys, which they almost always do. The discourse has always been one-sided." Indeed, the amounts an insurance company or employer can pay its lawyers is not reviewed by the Workers Compensation Commission in any state Herndon injury lawyer Doug Landau practices in and there is no limit to what these large firm lawyers can charge to defeat an injured worker or their family's claims. This disparity in the law is almost never discussed in the press. What is worse, says Landau, is that the insurance lawyers are paid, "win, lose or draw" on an hourly basis, unlike the disabled workers lawyer, who is usually paid on a contingent fee basis, "which means they are only paid for their efforts if they win or are otherwise successful on their clients' behalf." The insurance defense lawyers have little incentive to resolve the issues quickly and the more hours they bill, the more money they make for their law firms and themselves. this is one of the reasons that Virginia should enact laws to counter bad faith workers compensation claims handling and delay tactics. 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