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Beware of any Group Disability Policy

Ben Glass — Mon, 15 Jun 2009 13:57:00 GMT

Many professional athletes find themselves doing battle with their sports group disability plan insurance carrier.

In 2006, an appeals court awarded the estate of former Pittsburgh Steelers center Mike Webster more than $1.5 million in disability pay from the plan. It was the first successful challenge of the plan's rules and it has given hope to many of the players who feel left out.

While this is a victory for the players, I can tell you that any athlete seeking disability pay from these plans faces an uphill battle.

Most group long term disability polices (those offered by employers) stink. If you can afford to, and you want real disability insurance, you should be talking to a broker about a private/individual policy.

Most group policies aren't worth the paper they are written on because:

1. The protect you if you can't work in your own occupation for only 2 years.

2. If any part of your disability is caused by a mental or nervous disorder, the limit is generally 2 years. (And the disability insurance companies will do their best to lump your disability into the mental and nervous box.

3. Group policies are governed by ERISA. This means, generally, that the insurance company's decision on your claim is entitled to the benefit of the doubt and can only be reversed by a court for an abuse of discretion. This means you have to show that they are really, really wrong.

Originally posted at InjuryBoard by Ben Glass

Aluminum Bat Manufacturer Found Liable For Player’s Death

Greg Webb — Mon, 16 Nov 2009 14:58:24 GMT

After twelve hours of deliberation, a jury in Lewis and Clark County, Montana recently sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch, who died after being struck in the temple by a batted ball in a 2003 baseball game against the Helena Senators. Hillerich & Bradsby Co., an aluminum bat manufacturer best known for their Louisville Slugger bats, was found liable for Patch’s death because it failed to provide adequate warning as to the dangers of the bat used by a Helena Senators batter. Hillerich & Bradsby Co.’s attorneys argued any other bat would not have hit the ball any differently; in fact, they claimed most bats on the market would have stuck the ball even harder and that Patch’s death was a tragic accident. The Patch family’s attorneys, however, argued Brandon only had 378 milliseconds to respond to the batted ball, whereas most bats on average give 400 milliseconds to respond. The bat manufacturer was ordered to pay $792,000 to Patch’s estate. The funds were allocated to cover the earnings Patch would have made had he lived, and the pain he suffered for four hours after the injury before ultimately dying. Another $58,000 was awarded to Patch’s parents for funeral expenses and their mental grief.

Aluminum bats have faced a lot of scrutiny due to their internal wall structure and because their weight is more evenly distributed than wooden ones, making them easier to swing harder and faster. A third decision made in the suit was that the bat was not defective, therefore making it more dangerous like the Patch family attorneys claimed. The Patch family said the suit was never about the money but was to get adequate warning about the dangers of these bats so something like this will not happen again. They have also started to advocate for the use of wooden bats. Brandon Patch’s baseball team reverted to wooden bats after his death.

Originally posted at InjuryBoard by Greg Webb

Misleading Toyota Recall Sparks Criticism From NHTSA

Greg Webb — Sun, 22 Nov 2009 08:33:15 GMT

Federal safety regulators have reprimanded Toyota Motor Corp. for issuing misleading and inaccurate statements that no defect exists in the 3.8 million automobiles it voluntarily recalled on September 29 after a 2009 Lexus ES 350 sedan accelerated out of control in San Diego County, California, killing four people. The National Highway Traffic Safety Administration (NHTSA) released a statement that the Lexus and Toyota vehicles do, in fact, have an “underlying defect” that involves the design of the accelerator pedal and the driver's foot well. Toyota officials, however, blame the accident and other uncontrolled acceleration incidents nationwide on the gas pedal becoming entrapped by an improperly installed floor mat.

In its recall, Toyota claims there is no problem with the accelerator itself but asks consumers to instead remove driver’s-side mats if the mat is incompatible with the vehicle and not properly secured; the automaker also posted a video statement which disputed news reports that the "unintended acceleration" could be linked to other factors, such as the electronic throttle control systems. NHTSA officials were thus prompted to issue a clarification and stated the matter will not be closed until Toyota addresses the defect and suggests a solution.

This incident may affect Toyota’s credibility because the automaker was alleging it had a clean record with the NHTSA when it actually did not. Toyota claims it never intentionally mislead the American public and is still developing vehicle-based remedies to ensure unintended acceleration events do not happen again; these remedies may include changes in the placement of pedals, or a change to the engine control software in the vehicles' onboard computers. Since 2003, the NHTSA has investigated eight cases of unwanted acceleration in Toyota vehicles; two of these probes led to small recalls while the other six were closed by the agency due to no finding of a defect. In all of these investigations, the NHTSA did find that the Toyota braking system could lose most of its efficiency and power when the throttle is fully opened and that other aspects of vehicle design, such as using push-button ignitions, could add risk in sudden-acceleration events. In the San Diego County incident, officials found the pedal’s design may have had an enhanced risk of being obstructed by the floor mat.

The recall affects the 2007-2010 model year Toyota Camry, the 2004-2009 Toyota Prius, the 2005-2010 Toyota Avalon, the 2005-2010 Tacoma, the 2007-2010 Toyota Tundra, the 2007-2010 Lexus ES 350 and the 2006-2010 Lexus IS 250 and IS 350.

Originally posted at InjuryBoard by Greg Webb

Analysis: Virgina's Texting & Emailing Ban Makes VA Highways and Interstates More Safe

Rick Shapiro — Sun, 20 Sep 2009 14:29:00 GMT

It seems these days that no one can go a minute without consulting their iPhone, Blackberry, or cell phone. No matter where we are, we’re never too busy to send a text message or an email—even if we’re driving. The state of Virginia (VA), however, says that a text message or email can wait-the language of the state law is set out below. On July 1, 2009 the Virginia state law went into effect making it illegal for drivers to text or e-mail while driving. Virginia has now joined 13 states and the District of Columbia in banning text messaging while driving. North Carolina (NC) followed Virginia and became the 14th state to enact a ban. For an example of what can happen with distracted texting driving view the video below:

http://www.youtube.com/watch?v=R0LCmStIw9E&feature=related

The Virginia texting & email ban is Virginia Statute § 46.2-1078.1 states that, “It shall be unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to: 1) Manually enter multiple letters or text in the device as a means of communicating with another person; or 2) Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.” Violators will receive a $20 fine for the first offense, and a $50 fine for a second offense. The law is a secondary offense, so officers must pull the driver over for a different violation, and then can add on the texting violation.

Statistically speaking, this ban could not have come sooner. The Virginia Tech Transportation Institute concluded drivers who text are over 20 times more likely to crash than those driving while not using a phone. According to the Virginia Department of Motor Vehicles, 28,395 crashes occurred in Virginia involving driver distraction. Of those, 114 people died and 14,480 were injured. Driver distraction, along with following a vehicle too closely, is the most common cause for crashes in Virginia, so lawmakers are attempting to make drivers stop focusing on their phones and pay attention to the roads.

For those of you who remain unconvinced, it turns out that texting while driving is just as dangerous as driving drunk, if not more! The Transport Research Laboratory found that motorists who use their mobile phone to send text messages while on the road dramatically increase the likelihood of collision. Their reaction times deteriorated by 35 per cent, much worse than those who drank alcohol at the legal limit, who were 12 per cent slower, or those who had taken cannabis, who were 21 per cent slower. In addition, drivers who sent or read text messages were more prone to drift out of their lane, the research found, with steering control by texters 91 per cent poorer than that of drivers devoting their full concentration to the road. Car and Driver Magazine recently conducted its own test, and it found that reaction time was much worse for drivers when they were texting while driving than when they were under the influence of alcohol.

When all is said and done, many accidents can be avoided just by paying less attention to our phone and more attention to the road ahead. Remember, that text message will be there when the drive is over, but if you answer that text, you might not be.

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. We also host a YouTube injury law video library with more than 50 videos covering many FAQs on personal injury subjects. Lawyers with Shapiro, Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They handle car, truck, railroad, medical negligence cases and more.

Originally posted at InjuryBoard by Rick Shapiro

Tiger Woods crashes within a golf shot of his Florida house; Most car accidents occur close to home.

Doug Landau — Tue, 01 Dec 2009 22:25:48 GMT

Even superstar athletes hit ditches, sand traps, cars and fire hydrants close to home. Car crash lawyer Doug Landau notes that many of his injured clients were struck by another motorist with a few miles of their home. The Florida Highway Patrol will cite golf champion Tiger Woods for careless driving but will not press criminal charges for his car crash outside his Florida home last Friday, according to the Associated Press.

The ticket will include a $164 fine and four points against his driver’s license. The police report includes the following details:

* Woods crashed his SUV into a fire hydrant and a tree at 2: 25 on the morning of Friday, Nov. 27, 2009.
* The airbags did not deploy.
* Woods’ wife, Elin Nordegren, told police she used a golf club to smash the back windows of the Cadillac Escalade in an effort to rescue her husband.

Most car crashes happen near home. Two thirds of road accidents occur within five miles of a motorist’s home. And, the survey showed, nearly a third of crashes happen less than a mile from home. Crashing into a parked car was the most common type of accident within a mile of a driver's home, the poll of 3,800 people also revealed. Just 5% of car accidents occurred 26 to 50 miles from home, and 6% at distances of more than 50 miles away.

Of the accidents closest to home, the most common cause after hitting parked vehicles was crashing while driving out of a minor road, followed by reversing into a vehicle and by hitting a wall. Research suggests that many drivers appear to be in a comfort zone when driving close to home on familiar roads, hence why such a large proportion of accidents occur there. It's so important to keep a full level of concentration when driving, whether you're just popping to the shops or starting or ending a longer journey. These results emphasize this even more.' As one who has represented innocent victims of careless drivers, Doug Landau understands how important it is to pay full time and attention to te operation of our motor vehicle to avoid a car wreck or other accident in your own neighborhood.

Originally posted at InjuryBoard by Doug Landau

Hampton Roads toxic drywall victims take their battle to state insurance officials

John Cooper — Sat, 21 Nov 2009 18:07:56 GMT

Hampton Roads homeowners saddled with toxic Chinese drywall are facing another challenge: Getting home insurance companies to cover their losses.

"I always thought insurance would cover this,” homeowner Larry Ward told WAVY-TV earlier this week. “I went right to my insurance company asked them about this. Evidently there are some exclusions in every policy.”

I wrote about this difficult issue in October, and my colleague Jim Lewis wrote about a tour federal officials took of Chinese drywall-afflicted homes in Hampton Roads.

Many insurance policies have “pollution exclusions,” often taken to refer to something outside the home – a chemical spill, for example – damaging the inside of the home.

But it’s not clear whether pollution exclusions cover the damage caused by toxic Chinese drywall. However, insurance companies have denied toxic Chinese drywall claims in other states by citing the pollution exclusion.

State insurance officials in Virginia are studying the issue; Virginia Beach City Councilman Bill DeSteph wants the state insurance commissioner to rule that the pollution exclusion can’t be applied to Chinese drywall. DeSteph has also been lobbying on behalf of residents in the General Assembly.

Meanwhile, Ward has had to abandon his home, fearing for the safety of his children. Repair quotes from contractors have run from $220,000 to $450,000. His insurer has not denied his claim, but it hasn’t accepted it either. He told WAVY that his claim is now in his insurance company’s litigation department.

"You just have no clue of what damage it's causing, and how frustrating it is to have a beautiful home and have to walk away from that home," Ward told WAVY.

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.

(MM)

Originally posted at InjuryBoard by John Cooper

Charges filed in bicycling death of Virginia Beach (VA) physician

Emily Mapp Brannon — Thu, 19 Nov 2009 23:11:26 GMT

Almost three months after Virginia Beach physician Joseph Mirenda was struck and killed while bicycling near Harrisonburg, the driver who killed him has been charged with a crime.

Jessica Chandler, 22, was charged with reckless driving, according to The Breeze, the student newspaper at James Madison University in Harrisonburg.

Mirenda was biking 50 miles from Wintergreen to Harrisonburg to visit his son at JMU, The Virginian-Pilot reported at the time.

Mirenda was south of Harrisonburg when he was struck from behind at around 10:45 a.m. on Aug. 24.

Chandler, of nearby Port Republic, was driving the Ford Taurus that hit Mirenda on Port Republic Road.

Mirenda’s son told The Breeze that he didn’t want Chandler charged with a more serious crime.

“I’m glad she didn’t get a felony or anything like that,” Mirenda said to the newspaper. “She’s already going through a lot, and she obviously didn’t do it on purpose.”

His viewpoint is influenced by his father’s outlook, he said.

“Just trying to imagine being in the driver’s standpoint,” Mirenda said, “I wouldn’t be able to live with myself.”

The fatal crash is a reminder for drivers to take care when operating their vehicle around bicyclists. The Virginia Department of Motor Vehicles directs drivers in rural areas to keep an extra watch for out-of-the-ordinary vehicles like trucks, oversize and slow-moving farm vehicles and bicycles.

Police looked at Chandler’s cell phone records to determine if she had been texting or talking on the phone at the time of the incident,” The Breeze reported, “which could have resulted in a more serious charge.”

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Fire on Ice – More Maytag Fridges Recalled

Greg Webb — Tue, 01 Sep 2009 18:01:11 GMT

Due to an electrical failure, Maytag has expanded its initial March recall of 1.6 million refrigerators to an additional 42,000, now including refrigerators under the Maytag, Magic Chef and Performa by Maytag and Crosley umbrellas. The failure is being cited as a potential fire hazard which causes the compressor to kick on at random and may lead to overheating.

The recall in March was issued after Maytag, now owned by Whirlpool Corp., received 41 reports of refrigerators catching fire, 16 of which lead to property damage. Since then, Maytag has received an additional 23 reports of fridges catching fire, 4 of which have lead to property or smoke damage.

The AP reports that, "The refrigerators in question are side-by-side and top freezer refrigerators made in black, bisque, white and stainless steel. They cost between $350 and $1,600 and were sold from September 2000 to May 2004." Maytag says that bottom-freezer models are safe to continue using.

Maytag has issued a statement imploring consumers to call (866) 533-9817 to schedule a free in-home repair rather than returning their defective appliances and purchasing new ones.

All damages and injuries resulting from a fire related to a Maytag refrigerator can be reported at the CPSC’s website: www.cpsc.gov/cgibin/incident.aspx

Originally posted at InjuryBoard by Greg Webb

New GPS-Based Software May Be One Solution to Texting & Driving Epidemic

Rick Shapiro — Tue, 13 Oct 2009 05:09:00 GMT

The controversy surrounding texting while driving is not only a local Virginia (VA) and Carolina (NC/SC) issue but has received national attention as Transportation Secretary Ray LaHood described texting while driving as an epidemic.

A summit was held to address the issue of distracted driving and virtually everyone in attendance was trying to figure out a way to prevent texting while you’re behind the wheel of a car. Well, Michael Adler of a company called Websafety may have developed one high tech solution: software which will disable texting capabilities on a cell phone when driving over 10 m.p.h. by accessing GPS technology and calculating vehicle speed. This texting disabling technology sounded intriguing so I interviewed a Websafety representative to learn more about this high tech method using GPS technology to disable texting.

Q. Tell me about your company, how long has it existed and did your company invent this technology?

A. Websafety has been developing the Websafety Software for the past three years. The product has been available formally for less than 30 days. Yes, Michael Adler, the founder of Websafety, out of Dallas, Texas developed the software.

Q. How does a user implement your product?

A. Once the user buys a year subscription, the user downloads the software through the Websafety website-back office.

Q. Are you selling this to individual users or to cell phone companies, or both?

A. Both - our mission is to stop the use of cell phones in moving vehicles through all different means-as quickly as possible to reduce the amount of deaths caused by text messaging while driving.

Q. Can you tell me about any companies or areas using your products and how it is working?

A. So far we are having great success because Websafety is committed to successful downloading and fulfillment of the software.

Q. What does it cost per user?

A. Depending on the amount of computers and cell phones a family wants protected, anywhere from $149 to $499 per year.

Q. Where can someone learn more about Websafety?

A. www.mywebsafety.com/kidsafe

Hopefully, as awareness surrounding distracted driving continues to grow, technology addressing such issues like texting while driving will be made widely available and we can take a step forward in improving driver safety across the nation. Until then, be sure to read more on Websafety and check out our law firm’s special report on distracted driving. It seems to me that large cell phone companies should enable a monthly fee service to disable texting while a vehicle is moving even at 5 mph! What careful parent would not pay a small fee to assure that their teenager using a cell phone on their account must act responsibly?

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers 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 a pro bono public information service. PA

Originally posted at InjuryBoard by Rick Shapiro

FAA system failure raises safety concerns

Emily Mapp Brannon — Thu, 19 Nov 2009 23:59:19 GMT

The system that failed is the behind-the-scenes communication network the Federal Aviation Administration uses to track flight times and paths, The New York Times reported.

Without it, The Times reported, airlines were forced to fax flight plans to the FAA, and then air-traffic controllers had to type the flight plans into the FAA computer manually.

Those flight plans usually include hundreds of numbers and letters, as well as the kind of aircraft, place of departure, and precise en route flight plan – checkpoints, altitudes, and more, The Times said.

A bad circuit board was blamed for the glitch, the Los Angeles Times reported. And while federal officials emphasized that passenger safety was never an issue – radars, radios and other critical systems continued to work – the failure raises yet more troubling questions about the FAA’s technology situation.

“The aviation agency’s data processing system has a variety of problems,” The New York Times said. “While it was hailed as a marvel when it was introduced decades ago, much of it is written in obsolete computer language and the agency has been slow to provide updates.”

Hartsfield-Jackson Atlanta International Airport in Atlanta was hit especially hard, with AirTran cancelling 30 flights and Delta Air Lines cancelling 54. Hundreds more were delayed, the Los Angeles newspaper said.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon