Injuryboard Commentary - personal injury

Semi Trucks And In Cab Computers

Mike Bryant — Sat, 07 Nov 2009 09:32:00 GMT

There have been a lot of posts here at the Injuryboard covering the states that have been forward looking enough to make texting illegal while driving. Some states have added emails to ensure that there are no loopholes. For semi truck drivers, the question has now come up about their computers.

Yes, many of the trucks are now being equipped with complete laptop systems. I would guess that it gets used a lot. But, what about the law? The drivers are saying they can use them safely and responsibly. Seems to me the real question is when are you using it? I haven't seen a law yet that bans any of the items from being in a vehicle, it only prevents it's use.

Truck safety has been a big issue around here as of late. The recent study which indicated that the number of truck accidents should be of great concern and at the same time posts about what the number mean. Clearly, the size of the vehicles and the damage that is done when there is a collision has got to be considered in weighing the significance of all of the concerns. What does even a couple of seconds of distraction add to those concerns?

For anyone involved in a collision with a semi truck, it's clear that questions should be asked about the use of these items. Because, despite having a "Don't Use While In Motion" warning, there is a proceed button. Yet, another reason why hiring an experienced attorney can make a difference to you.

Originally posted at InjuryBoard by Mike Bryant

Just Because Its Twitter, You Still Can't Text And Drive

Mike Bryant — Fri, 06 Nov 2009 09:26:00 GMT

My partner Joe Crumley wrote a great piece about the dangers of texting. He, like a number of other writers here at the Injuryboard, continue to point out the dangers of texting and driving. Go watch the video that a couple of members have posted.

A recent study concerning the social networking tool, Twitter, points out there is more reason for concern. According to Crowd Science, about 11% of Twitter users admitted to accessing social media while driving in the preceding 30 days, compared to only 5% of other social media users. 29% of Twitter users said they had accessed social media from cars at some point in the past, compared with 13% of non-users. This is one too many people reading and twittering while they should be driving.

Since this post will go out on a tweet, I truly hope not one single person reads it while they're driving. It makes you wonder how broad we need to make the law to make sure that people get the idea. A number of other interesting findings from the study:

- 41% of Twitter users prefer to contact friends via social media rather than telephone, compared with 25% of non-Twitter social media users, and 11% (vs. only 6% of those not using Twitter) actually prefer social media over face-to-face contacts.

- More than twice as many males than females (32% to 15%) access Twitter primarily through a third-party application.

- 43% of Twitter users employ a third-party application at least some of the time, and 26% as their main mode of access.

- Twitter users tend to be older than non-Twitter social media users (54% over 30 years old, vs. 42%), twice as likely to be self-employed or entrepreneurs (18% vs. 9%) and to be planning to start a business during the next six months, and more tech-savvy (24% vs. 15%

Driving needs to be driving time.

Originally posted at InjuryBoard by Mike Bryant

Toby Keith: What Are You Talking About?

Mike Bryant — Thu, 05 Nov 2009 09:20:00 GMT

I've always been a big fan and own a couple of his albums. I think I've watched "Beer For My Horses" too many times, probably. It's because I like listening, that I pay attention to the lines of his song. Which surprised me a little when he threw, "Spill a cup of coffee, make a million dollars" into American Ride. I would guess a lot of people missed it or guess that they know what it is, but the reality is that it's so untrue it deserves a comment.

It's the McDonald's case. Yes, that great place that loves to sue others and mistreat employees. It's the case where so many tort reform lies sprung, but almost no one has ever seen the woman. The 79-year-old woman went to a McDonald's in New Mexico with her son. She was sitting in the car, not driving as the story goes. She was attempting
to remove the lid when the coffee spilled and was burned by a liquid that was 180-190 degrees Fahrenheit when served and that it was between 165 and 170 degrees Fahrenheit when it was spilled. The coffee you make at home is 135-140 degrees Fahrenheit. She suffered horrific third degree burns to her inner thighs and buttocks. She went to McDonald's and asked for her $10,000.00 in medical costs, including the cost for debridement and skin grafting. They said no.

A jury listened to all the evidence and found that the coffee was way too hot and that McDonald's was well aware of that. But they also found the woman 20% at fault. The verdict was $200,000.00 in compensatory damages and $2,700,000.00 in punitive damages. Right off the bat, the court by rule reduced the compensatory amount by her negligence of 20%. The judge also reduced the punitive damages to $480,000.00 . The case was then appealed and reduced again. Following this the case was settled with a nondisclosure agreement. Both the woman and her lawyer have been forced to remain silent while the story has gotten bigger and bigger with each telling.

It was later disclosed that the jury came up with their number by using the amount McDonald's made in coffee sales for a day. That they came into the case thinking this would be nothing and were surprised with the way McDonald's didn't seem to care and that they had over 800 similar incidents.

Why have McDonald's and other tort reformers continued to tell the one sided story? Well, to get juries to make sure "that never happens again". To convince people that they need insurance, because it could happen to you. And to attack a good system of justice that allows ordinary people to get protection. The system worked as it should in this case, unfortunately people don't often know what really happened.

I'll continue to listen, Toby, but you missed the mark on this one. Or at the very least you are helping big business continue to take the consumer for a ride.

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

Crashing Into A Sheriff Deputy is a Bad Night

Steve Lombardi — Tue, 03 Nov 2009 12:01:00 GMT

What caused 21 year old Travis Scott to veer straight into oncoming traffic? That is the question Council Bluffs police are asking after the accident in the late hours of October 9th 2009 between Mr. Scott and Pottawattamie County Deputy Jahn Kirlin left Mr. Scott, his two passengers and the deputy injured. The accident happened on 23rd St.; the driver Travis Scott and passenger Leah Wenninghoff were in serious condition, another passenger Anthony Biggert was listed in stable condition, and the Deputy was treated for hand and arm injuries. The case remains open for investigation.

This is one of those types of crashes we are seeing more and more of on the Interstate highways: I-80, I35, I235, I380 and all the other parts of Iowa's interstate highway system. As the accident causes accumulate distracted driving is the number one, two or three cause. It's got to be right behind drunken driving or speeding. Many that we see are by drivers distracted with cell phones, either because of talking or tweeting or texting. I wonder what this one was about. What was the distraction that caused this young man to run right into a police car?

Yesterday as I was driving by an elementary school where parents must have been attending a school activity the function ended and we all drove off together in a line. As we turned onto the main drag, University Avenue, I got in the left lane to pass them. I passed six cars in a row and every one of the drivers was a parent with a cell phone glued to their ear. With the cell phone being held to your left ear the driver's hand creates an added blind spot by the hand and arm. You can see how the driver is required to turn their entire body to see the left side if they want to see what's coming to the left. These are all distracted drivers who can cause an accident, and injure others or kill pedestrians.

And that's why personal injury lawyers aren't going anywhere. This is why people will continue to need more personal injury lawyers who care about their clients and understand the business of personal injury legal work. There will always be those who want us gone or who work through large advertising campaigns to convince people the problems are all the lawyers' fault. And people can choose to believe that, at least until it's them that are struck by a distracted or drunk driver. And then they need Lombardi Law Firm and alll the other law firms that make up the InjuryBoard, because when you come right down to it, we aren't the problem we are a part of the solution. When you're in an accident, call us at the Lombardi Law Firm and we'll use our 30 plus years of experienced trial work to assist you with your fight against distracted drivers. For more information about the types of distracted drivers read the other blogs at the Des Moines InjuryBoard site.

Welcome Mr. Scott you're now a member of the distracted drivers' club.

Originally posted at InjuryBoard by Steve Lombardi

Suffolk’s Dog Leash Law Slated for Long Overdue Review and Expansion

Randy Appleton — Tue, 03 Nov 2009 09:41:15 GMT

The Nov. 3 Virginian-Pilot contains a report that will probably surprise most people in Tidewater. To quote the article, “The ‘enforcement areas’” for the city law requiring owners to keep their dogs on leashes when taking the animals off their own property, “omit large swaths of rural Suffolk and some newer housing developments.”

The exceptions—which do not exist in Chesapeake, Norfolk, Portsmouth, or Virginia Beach unless a dog is properly and legally used for hunting—have led to situations like one described in the article in which animal control officers could not impound a threatening pit bull because the officers had no legal authority to do so.

I wrote a few months ago that dangerous dogs often have owners who do not take the responsibilities to properly train and control their pets. Few steps are more responsible—or simpler—than keeping a dog on a leash while taking the animal out of the house or outside a fenced yard. At least 20 Americans have already died this year after being attacked by a dog. The final tally for dog bite fatalities in 2009 will probably exceed the number of 23 reached in 2008. And as high as those statistics seem, deaths from dog attacks pale in comparison to the millions of serious injuries that result from dog attacks in the United States each year.

Suffolk city council members have agreed to review their municipal leash law and may vote on an expanded ordinance this December. I hope the council members do act quickly.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. We have experience handling wrongful death cases, and we understand the difficult circumstances which accompany these types of cases.. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Randy Appleton

DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

Joe Crumley — Tue, 03 Nov 2009 08:37:39 GMT

E-Bay officials pulled the auction of the infamous DWI La-Z-Boy, aparently after the LaZ-Boy company claimed a trademark violation.

Proctor police chief Walter Wobig got a fax Monday morning from a La-Z-Boy representative, and had what he called a "congenial" phone conversation later. He thought the issue was done, but later in the day noticed the auction had been pulled just 11 hours short of ending.

The Star Tribune reported:

The [LaZ-Boy] representative told the chief to just make sure the eventual buyer doesn't continue referring to it as a La-Z-Boy chair. "And good luck with the sale," he said, according to Wobig.

But all went afoul by nightfall when the chief noticed the chair auction was off the website. Earlier in the day, Wobig said he tried to e-mail and call the folks at eBay but said there was no way to do that.

All he can do now is repost the listing without the trademark name, begin the bidding at $500 once again and hope bidders will drive the price to former heights.

An autographed photo of the former owner, Dennis Anderson, sitting in his chair, fetched $710 on eBay. Anderson's family and friends said the money will be used to help pay legal fines and legal fees after he crashed his recliner into a parked car while driving drunk.

Wobig is a little tired of the whole thing:

Hoping that bidding will begin again today, Wobig said he'll end the auction after three days instead of the original five. He has fielded calls, letters and e-mails from some who love the auction idea and others who "want to string us up for taking the man's chair away."

"In the past four days I've done nothing but dealt with this thing," he said. "I can't go through that again."

The chair is agian up for auction, but the bids have not yet approached the $45,000 that was achieved on the first auction.

Originally posted at InjuryBoard by Joe Crumley

Oklahoma Auto Accidents - Traffic Stops Nets 16 DUI Arrests

Jeremy Thurman — Mon, 02 Nov 2009 12:22:13 GMT

Regardless of the consequences people seem intent to drink and drive around the holidays. As previously discussed, there is an epidemic of drinking and driving around the holiday months.

A local sobriety checkpoint by the Oklahoma County Sherriff’s Department netted over 26 arrests Halloween night. According to newsok.com

Oklahoma County sheriff’s deputies made 26 arrests at a Halloween night sobriety checkpoint in Oklahoma City, spokesman Mark Myers said Sunday in a news release. Deputies manned the checkpoint on SW 15 between Portland and Meridian avenues from 10:30 p.m. to 3 a.m., including the extra hour for the end of daylight saving time, Myers said. Sixteen arrests were on DUI complaints, five were for outstanding warrants, three were for driver’s license infractions and two were not specified. Deputies also issued 90 citations, 34 warnings and impounded 39 vehicles, Myers said.

Ladies and gentleman this is only one location in a metropolitan area that has in excess of one million people. It doesn’t take a mathematics degree to understand that there was most likely thousands of people in Oklahoma City and even more throughout the State of Oklahoma drinking and driving last Saturday. My only thought is how many lives must be lost and how many people must suffer horrible life threatening injuries for people stop this irresponsible behavior?

People seem to forget the consequences that drinking and driving pose not only criminally but to the various victims of Oklahoma auto accidents. As an Oklahoma auto accident lawyer we typically see an increase of victims calling our office due to injuries they have sustained in an auto accident with a drunk driver. Over the years I have continually failed to realize why people take the chances they do.

If you or loved one has been injured or a loved one killed in an Oklahoma auto accident,McIntyre Law, P.C. has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.mcintyrelaw.com or call toll free 1-866-917-5200 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Jeremy Thurman

Emily Midgley Dies in Big Island Hay Ride on Halloween

Wayne Parsons — Mon, 02 Nov 2009 11:47:22 GMT

The Star Bulletin story "Halloween hay ride proves fatal to Big Isle girl, 7" reports that Emily Midgley of Hawaiian Ocean View Estates jumped off of a trailer at the end of a hay ride and was run over by the trailer.

The hay ride was a church event held on Halloween by the Evangelical Community Church.

At 7:08 p.m. Saturday, police said, a 48-year-old Hawaiian Ocean View Estates man was operating a 1998 Dodge pickup with a trailer hitched to the truck. A number of passengers including Midgley were on the hay ride.

As the truck was coming to a stop at the end of the hay ride in the parking lot of Ocean View Evangelical Community Church, Midgley jumped off the trailer and was run over, police said.

Midgley was taken to the Kona Community Hospital, where she was pronounced dead.

I have written about trailer incidents in the past and noted that few states have any laws or regulation affecting trailer safety or use of trailers. There is an organization that promotes safety and injury prevention of trailers named DangerousTrialers.org, that proposes laws and regulations that may prevent trailer injury or death. I support those efforts and will encourage Hawaii legislators to look into this subject when they convene in January 2010.

From the facts reported about the tragic death of little Emily Midgley it is not clear if any trailer safety issues were involved. Our thoughts and prayers go out to the family and friends of this little girl.

Originally posted at InjuryBoard by Wayne Parsons

St Paul Collision Sends Six To The Hospital

Mike Bryant — Sun, 01 Nov 2009 19:28:00 GMT

Saturday night, a intersection collision on Roberts Street, sent everyone involved to the Regions Hospital. A 1997 Chevrolet Cavalier pulled out of a shopping mall parking lot onto Robert Street and into the path of a northbound Mercury Mystique, which hit the Cavalier broadside on the driver's side. Investigation continues with involvement from Inver Grove Heights, Mendota Heights, South St. Paul and West St. Paul emergency units assisting.

Two people were thrown from the turning vehicle. Both were not wearing seat belts. They also were the most severely injured. Yet another reminder of the important of wearing a seatbelt from the minute you get into the vehicle.

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