Welcome to HurstInjuryLaw.com, the personal blog of William W. Hurst, Attorney at Law in Indianapolis. This is where Bill will post his research notes, case studies, and legal news for public viewing. Feel free to browse the site and use any content you find for your own blogs so long as you properly cite our site. For information on Bill's legal practice, please visit his business website at BillHurst.com.

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• ZIMMER KNEE REPLACEMENTS, DEFECTS, RECALLS AND LAWSUITS

Filed Under: Personal Injury Cases, Uncategorized by jlong — Leave a comment
January 27, 2012

According to the American Academy of Orthopaedic Surgeons (AAOS), there are about 270,000 knee replacement operations performed each year in the United States. Many people receiving such surgery are over the age of 65 although the number of knee replacements performed on young adults is growing every year. http://www.surgery.com/procedure/knee-replacement/demographics. There are hundreds of companies that provide joint replacement products and one such Indiana based company is Zimmer holdings.  www.zimmer.com.  Traditionally, knee implants are attached to the femur with cement. Adhesive can break down and may lead devices to fail. Zimmer manufactures an uncemented knee replacement device, the Zimmer NexGen CR-Flex product. The Zimmer NexGen CR-Flex is a synthetic femoral implant which caps the femur (thigh bone) where it connects to the tibia at the knee, without cement.

The FDA recently recalled Zimmer NexGen Knee replacement devices, http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?id=86898, because they were malfunctioning in an unusually high rate of patients http://www3.aaos.org/education/anmeet/anmt2010/podium/podium.cfm?Pevent=434. A NY Times article points to Dr. Richard Berger out of Chicago, IL as the doctor who brought the defect to Zimmer’s attention. http://www.nytimes.com/2010/06/20/business/20knee.html. According to the article, Dr. Berger was a consultant for Zimmer and complained to them that one of the models was failing. Zimmer refused to comment on the issue. A number of other doctors have also had similar complaints with the Zimmer NexGen knee implant. If you or a loved one has questions about recent medical device recalls such as the Zimmer please visit the U.S. Food & Drug Administration website (http://www.fda.gov/MedicalDevices/default.htm)  to research recalled devices. If you or a loved one has a Zimmer NexGen knee replacement that causes pain and requires knee revision surgery or replacement knee surgery, contact us today.

We are experience personal injury lawyers.  Our office is currently reviewing Zimmer Knee replacement cases.  Contact us to review your case at no cost, or call us at 1-800-636-0808.

www.indianapolisabogado.com

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• AMUSEMENT PARK RIDES – INDIANA ACCIDENT, INJURY AND DEATH LAWSUITS

Filed Under: FAQs, Indiana News Articles, Personal Injury Cases by jlong — Leave a comment
January 20, 2012

           November 2, 2011 at the State Fair in Louisiana a 3 year old boy suffered serious critical injuries when a kiddie ride accidentally started while the ride operator was unloading passengers.  The child was left pinned for 20 minutes while workers used the jaw of life to free him.  He was seriously injured. http://www.coaster-net.com/news/1643-accidents-at-the-louisiana-state-fair/  October 31, 2011 there was a collision between two monorails at the Disney resort in Florida.  The accident and injuries to the occupants was caused by the failure of the monorail manager to verify the position of a switch.  There were several serious personal injuries. 

          On October 24, 2011 a 31 year old woman suffered a fatal fall from a tiptop ride in Dublin Ireland.  She was ejected from her bucket seat and landed on the metal steps leading to the platform. She died instantly.  August 30, 2011 at Bottoms Amusement Park in Berkshire, England, an amusement park ride called a Surf Rider malfunctioned and left seven riders hospitalized.  A gondola attached to one end of the arm remained horizontal throughout the ride keeping the passengers upright and the gondola crashed in a vertical position.  Firefighters had to use a hydraulic platform and ropes to extract all 22 riders who were trapped and injured. Many of these accidents and those mentioned above have been catalogued by RideAccidents.com, which is a non-profit research and education site which focus on Amusement Park Safety.

          The list of amusement park accidents around the world is lengthy.  The site has been established to bring awareness to the risks associated with rides.  A similar site reviews accidents and causations at www.amusementsafety.org\safety_news_11.asp.         Families around the world find amusement parks a favorite destination year round.   The public relies upon the parks and fairs to ensure the rides are safe for the public.  Behind the scenes there are several organizations that also work to provide safe and enjoyable visits for guests at the amusement parks.  There are State laws that require the states to certified rides and provide inspectors  to police the facilities.  The International Association of Amusement Parks and Attractions (IAAPA) and the National Safety Council (NSC) have worked together to establish a nationwide amusement ride injury reporting system for all facilities that have permanent amusement rides in the United States.  These organizations have; for example (in 2009) determined there were approximately  280,000,000 guests in U.S. amusement park facilities and enjoyed 1.7 billion rides.  Only 65 of these personal injuries were reported as serious.  http://www.iaapa.org/pressroom/AmusementRideInjuryStatistics.asp

The Consumer Product Safety Commission also tracks injuries related to amusement rides.  They have established charts and tables summarizing ride related injuries for the years 1997 to 2006 which include the victim’s age and medical diagnosis as well as a description of the incident.  In 2006 this organization estimated that amusement rides caused 8,800 injuries  and most of these involved “gokarts”. 

 http://www.saferparks.org/safety/injuries/us_injury_statistics.php        

 Although the statistical odds of injury apparently are low the consequences of an accident can be catastrophic, including death.  Some amusement experiences are more risky than others.  Consumers should be very careful in choosing rides particularly for children.  If the ride simply looks poorly maintained or the operator appears distracted or the child is not well restrained, don’t allow the child to board the ride.  Clearly those seeking to enjoy an amusement park ride or involve their children in a ride can significantly reduce the risk of injury to themselves and other riders by simply paying attention and following the rules and not “horsing around”.  One must be realistic and use common sense when choosing rides for small children; and if you or your child have a condition, limitation, or disability you need to take the time to really consider whether the amusement ride is worth it. 

          Here are 10 tips to making your day at the amusement park safer  for your children:

1.      Be aware of the safety equipment limitations.  Ride manufacturers provide seat belts, lap bars, and other safety equipment to reduce the risk of injury.  However, many safety devices used on children’s amusement rides often aren’t well designed to keep young children in their seats.  You should not rely on lap bars and seat belts to restrain children!  Solid metal lap bars only fit closely against the largest passenger in the car often leaving young children with room to slide around and out.  Shockingly, there are no mandatory federal standards for the design of amusement rides and their safety devices.  Amusement rides are neither childproof nor often child-safe!  Watch the children using amusement rides before you decide to put your child  on the ride to see how they get along and are protected.  After  observation, use your common sense judgment to determine if the ride is safe for your children.  Do not rely on a ride attendant’s representative that the ride is safe for your child.  Judge for yourself!  If you have any doubt, Don’t ride.  http://www.saferparks.org/faq/

2.      Discuss the ride with your child.  Read warnings out loud to your child and discuss each warning.  Tell your child that even if the ride  stops, he/she can not attempt to get off the rude until the ride attendant says it is time.  Tell to your child that if the ride gets scary, do not attempt to get off no matter what is happening.  It is too dangersous.  Explain that rides might seem scary, but they are safe as long as the riders stay seated and  keep their hands, and hold on tight.  Let your child know how to “behave” and set a good “example”.   

3.      Always obey height, age, and weight restrictions. If your child does not meet the necessary requirements, do not attempt to “sneak” them on the ride.  These restrictions are there for a reason!  The  manufacturer of the amusement ride take into account the forces exerted by the ride and the maturity required to ride safely.  A child who does not meet the ride requirements may not be physically or mentally able to stay safety seated.  Also keep in mind that  manufacturers base their guidelines on height/weight ratios of children based on the average child.  So for example, children who are tall for their age may not be mentally ready for a certain ride.    The bottom line is if you cannot count on your child to stay seated with hands and feet inside, don’t let your child on the ride! 

4.      Don’t put children on rides that could scare them.  Most children who get scared try to “run” and may try to “get off” the ride.  Children are hurt every year becoming afraid and try to exit a ride while it is still moving.  Don’t put a crying child on a ride.  Ared child will get hurt more often than those who are calm. 

5.      Follow any special instructions about seating procedures.  Spinning rides sometimes require that smaller riders sit on the inside (closest to the center pole) to avoid being “smashed” by the bigger riders as the spinning force increases.  Thus, small children should be seated away from open sides.  If you ignore these instructions and reposition your child after the child has been seated , you may be endangering your children. 

6.      Never seat your child in your lap on rides.  If your child is on your lap and the safety bar is above the child’s lap, that position could cause the bar or belt to put too much pressure on your child’s small body.  If the ride doesn’t have restraints and the ride takes an unexpected turn, your child could slip out of your hands and out of the ride. 

7.      Stay out of the sun.  Statistics show that heatstroke and exhaustion out number all other injuries put together.  Stay hydrated and remember alcohol dehydrates. Use sunblock and wear comfortable shoes. 

8.      Teach your kids what to do if they get separated from you.  Have each child wear an ID (such as an ID bracelet, or personalized tag) that includes your cell number so that a security can call with the location of your child if lost.  Play the “What if…” game with your children so they know to stop a security guard if they get separated.  If you can afford it, consider a child locator or tracking device. 

9.      Don’t Over Do It:  If you have eaten a large meal or consumed alcohol, you should consider waiting an hour before riding a ride that spins.  Otherwise, you may not only feel sick, but also have an “bad”  experience.  Most people do better at amusement parks eating and drinking small amounts (plus lots of water) throughout the day. 

10.    Focus on your children: Do not leave your children on their own while you play games and ride rides. If your children are old enough to be on their own you should stay in contact by meeting at designated places and times to see how and what they are doing.  You should have fun but be responsible.  Pace yourself. 

The foregoing is found in The Safety Report – Summer 2011, Vol. 2, Ed. 3. P. 16-19 and Child Safety Techniques to prevent  Amusement Park Injuries at http://www.saferparks.org/pdf/child_safety_guidelines.pdf       

  These tips can be reviewed along with other suggestions at

           www.themeparkinsider.com/safety

 At least 44 States have regulations requiring inspection and safety enforcement.  In Indiana see: http://www.in.gov/legislative/iac/T06850/A00010.PDF?

          For other states see http://amusementsafety.org/states_beta.asp. The U. S. Consumer producer Safety Commission is authorized to investigate accidents and work with manufacturers to correct defects in carnival rides.  The State and Federal government are responsible for safety for rides in the United States.  Full burden regulatory saftey for permanent rides fall to the State government.  www.saferparks.org/regularion/

          We have successfully represented clients injured at amusement parks, carnivals, and fairs.  If you or a member of your family has been injured in an amusement park fall or carnival contact the Law Office of William (Bill) Hurst for a free consultation.  We would be happy to talk to you for free.  You may call us at (800) 636-0808 and see our website at www.BillHurst.com.  We do not charge a fee unless we win your case. 

www.indianapolisabogado.com

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• EYE INJURY LAWYERS AND LAWSUITS

Filed Under: Personal Injury Cases by jlong — Leave a comment
January 12, 2012

Eye injuries are very common and affect in excess of one million Americans every year.  There is increased litigation for the negligence doctors and clinics as well as lawsuits arising out of accidents where negligence is claimed by an injured  person causing the injury.

While eye injuries can be caused by uncommon circumstances like failed laser eye surgery, too much exposure to ultra violet rays in places like tanning salons, defective contact lenses, the majority are from ordinary car accidents and injuries that are work-related eye injuries.  Each day more than 2,000 U.S. workers seek some form of medical treatment because of an eye injury sustained at work.  More than 800,000 work-related eye injuries occur each year particularly at construction sites.  In 70% of these cases the injury is sustained by contact with an object or equipment.  The remainder for the most part were caused by exposure to harmful substances or environments.  This information was determined by the National Institute for Occupational Safety and Health (NIOSH). www.cdc.gov/Features/dsworkPlaceEye/

In an attempt to minimize eye injuries, the Food and Drug Administration (FDA) require the use of protective goggles, in many instances; e.g. tanning salons, and this requirement has lessened the amount of eye damage and injuries from that source.  The Occupational Safety and Health Administration (OSHA) and twenty-five states operating their own job safety and health programs have concentrated on programs and regulations reducing eye injuries.  It has been reported that 3 out of every 5 eye injuries in the work place was caused by the worker not wearing eye protection at the time of the accident or wearing the wrong kind of eye protection.  As the most common cause of eye injury is particles flying, and these particles are typically smaller than a pin head.  The use of mandated eye protection is the primary form of prevention on the job.  However, other injuries caused by objects swinging like tree limbs, ropes, chains or tools which are pulled into the eye while the worker was using them are usually the most severe.  These types of accidents are much more difficult to prevent despite the use of protective eye wear.   OSHA Regulations mandate that the employer ensure that employees use appropriate eye and face protection when exposed to eye or face hazards, whether it is particles, flying objects, liquids or gasses.  http://www.eyesafety.4ursafety.com/OSHA-eye-safety-regulations.html For a resource about various types of protective eye wear see http://www.eyesafety.4ursafety.com/styles.html  This website has the pictures and descriptions of the latest and safest styles of safety glasses.

 

There is a wide-array of treatments for eye injuries depending on its’ severity.   Some types of eye injuries such as deep puncture could require immediate treatment or surgery to prevent permanent eye damage resulting in vision loss.  Minor surface scratches may only need simple monitoring after initial visit to the eye doctor to make sure that complications such as infections don’t occur.  Scratched eyes or corneal abrasions are commonly caused by getting poked in the eye or rubbing the eye when a foreign body is present such as dust or sand.  While abrasions can be uncomfortable they are usually treatable.  However, as scratches can make your eye susceptible to infection which can lead to very serious eye problems.  It is absolutely necessary that the eye be cleansed and treated as early as possible even in the most insignificant injury.  If you have a scratch, you should not rub it and don’t patch the eye either, as bacteria like dark places to grow.  See your doctor as soon as possible!  If a foreign object such as a piece of metal which may penetrate the eye must be treated at the emergency center immediately.  You may cause more injury if you attempt to remove an object that has become impaled.  It should be removed and treated as soon as possible by an experienced physician.

http://www.freemd.com/injury-of-the-eye/treatment.htm 

Chemical burns occur often in the work place, and cause eye pain while others can result in serious injury.  The basic makeup of the chemical involved makes a lot of difference regarding the victims outcome.  For example acid, while it causes considerable burning can be washed out fairly easily.  An alkali burn is much more serious but may not seem so because they don’t cause as much immediate eye pain.  Some examples of alkali substances are oven cleaners and  toilet bowl cleaners.  If you have been splashed in the eye by one of these substances, put your head under a steady stream of fairly warm tap water for about 15 minutes.  Let it run into your eye and down your face, then call your eye doctor and emergency room to see what is recommended for your eye injury.  Tell the person exactly what kind of substance got into your eye.  If you know your eye is at risk, then perhaps you should immediately go your eye doctor or emergency room after you have rinsed it with water.  You can put on a cool, moist compress or icepack on your eye on the way, but don’t rub it.  http://www.webmd.com/eye-health/tc/burns-to-the-eye-topic-overview

When the eye is struck and it bleeds, it usually looks worse than it is.  These hemorrhages can occur even with a minor injury and may be limited to a small section in the eye.  The hemorrhage is painless and does not cause temporary or permanent vision loss.  No treatment is usually required.

 

 

Traumatic iritis is inflammation of the colored part of the eye that surrounds the pupil.   After an eye injury this can come from a blow from an object, and it usually requires immediate treatment.  Even with medical treatment, there is a risk of permanent or decreased vision.  http://www.allaboutvision.com/conditions/eye-injuries.htm

          Another serious injury involves orbital fractures are fractures, cracks or breaks in the facial bone surrounding the eye.  These are serious eye injuries and medical emergencies.  They are caused by a significant blunt force trauma to the eye such as getting hit by a bat, baseball, hockey stick, kicked in the face or you fall striking the steering wheel or dash in an auto accident . These are very serious and need to be treated immediately.  http://webeye.ophth.uiowa.edu/eyeforum/trauma.htm

You should treat all eye injuries as a potential emergency and never hesitate to see an eye doctor.  Don’t take risks with your eyesight.  For more information about eye injuries visit http://www.allaboutvision.com/safety/

An eye injury lawyer can help you after an accident involving serious injury to your eye caused by someones negligence.  If your injury was caused by a wrongful conduct, someone may be liable in a lawsuit.  Eye injuries are often catastrophic and may lead to partial or complete loss of vision, and thus serious disability.  Clearly those who are responsible should be held accountable for all your losses, present and future, including medical costs, wages and pain and suffering.  If the injury is severe, often expert assistance with daily living and activities may be need; and those expenses must be recovered by your attorney.

If you or a loved one has an eye injury, contact the Law Office of William “Bill” Hurst has the experience to access fully the extent of the other parties’ responsibility and to obtain fair financial compensation for you and your family.  You can call Bill for a free consultation at 1-800-636-0808 or see our website at www.billhurst.com.

www.indianapolisabogado.com

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• IS IT MORE DANGEROUS TO DRIVE DRUNK OR STONED ON MARIJUANA?

Filed Under: FAQs by jlong — Leave a comment
January 12, 2012

Marijuana is the most commonly used illicit drug in the United States.  It’s a dry green and brown mix of stems, seeds and leaves dried from the hemp plant, cannibus sativa.  It is generally smoked but can be mixed in food or brewed as tea.  In its more ­­­­­­­­­­­­­­diluted form, it is called “hashish”.  Scientists have learned a great deal about how marijuana acts on the brain to produce its many effects.  When smoked the active ingredient rapidly passes from the lungs into the blood stream which carries the chemical to the brain and other organs.  The drug acts on the brain’s “canniboid receptors”, setting off a series of cellular reactions that all lead to the “high” that users experience when they smoke marijuana.  The highest effect is in the parts of the brain that influence pleasure, memory, thinking, concentration and time perception.  Research into the effects of long term marijuana use on the structure of a brain has yielded inconsistent results as this article will reveal.  http://pbskids.org/itsmylife/body/drugabuse/article2.html

A recent study suggests that legalizing medical marijuana may reduce traffic fatalities. http://medicalxpress.com/news/2011-11-medical-marijuana-laws-traffic-deaths.html The researchers (Dan Rees Professor at the University of Colorado and Mark Anderson Professor at Montana State University) conclude that legalizing medical marijuana reduces alcohol consumption and reduce traffic deaths.  It is thought that people are more wary of driving when “high” than when drunk on alcohol.  The question is which drug (when one or the other is ingested) is actually more dangerous on the road.  The answer clearly is alcohol.  “Pot” does make drivers less able to complete mindless tasks like staying in a lane, while alcohol undermines behaviors that require more attention like yielding to pedestrians or taking note of stop signs.

www.Slate.com/articles/health_and_science/explainer/2011/11/does-make-you-a-more-dangerous-driver-than-alcohol.html See also

http://abcnews.go.com/blogs/health/2011/12/02/driving-stoned-safer-than-driving-drunk/

Yale psychiatrist, Dr. Robert Sewell reviewed academic literature on driving while intoxicated in his 2009 article and found that alcohol is significantly more dangerous.  A drunk driver is approximately 10 times more likely to cause a fatal car accident than a “stoned” driver.  In most studies smoking 1/3 of a joint or less has virtually no impact on a driver’s performance.  A couple of studies even suggest that pot smokers are less likely to cause an accident than sober drivers.  http://www.ncbi.nlm.nih.gov/pubmed/21601379

Despite the foregoing, experiments testing the skills required for driving under the influence of “pot” fare significantly worse than sober drivers; but when you put them behind the wheel they perform reasonably well.  Those who have smoked moderate doses of “pot” show minimal impairment; and very experienced “smokers” show almost no deficit at all (interestingly, habitual stoners are also better at driving drunk than non-smokers).        No one is sure how to explain these results!  Participants in one study who smoked 1/3 of a “joint” perceived themselves as being impaired even though the experiments suggest they were not.  By contrast, people who had two alcohol drinks thought they were fine despite performing poorly in driving tests.  Drunk drivers drive faster, tailgate and are more reckless.  Experiments using larger doses of marijuana indicate very “high” drivers can’t stay in a lane, react slowly to yellow lights and unexpected obstacles, and are unaware of speed.  The most consistent result found in these driving studies is that using marijuana and alcohol together creates a greater hazard than taking either one alone.  Drivers who are drunk and high seem to suffer from the worst effects of both drugs.  They meander, pass recklessly, drive too fast, take unnecessary risks, and are unaware of their incapacity and put pedestrians at risk. www.slate.com\articles\health_and_science\explainer\2011\ 11\does-marijuana-make-you-a-more-dangerous-driver-than-alcohol.html

Recently the Department of National Highway Safety; and, as well, the White House Director of the National Drug Control Policy have made public statements that marijuana is a significant and important contributing factor in the growing number of fatal accidents.  Despite this warning some States (for example California) argue the possibility that relaxed marijuana laws have created more drivers who are driving under the influence of pot than previously occurring; and that this is a safety benefit.  While it is an established fact that alcohol increases a driver’s accident risk but apparently the issue as to whether pot or marijuana places drivers at risk is still a matter of controversy in the literature.  There is no question that marijuana has a measurable effect on psychomotor skills, but despite this there is a significant question as to whether or not it plays a significant role in vehicle crashes.  As noted below there is an argument that marijuana use replacing alcohol use may make the highways safer.

The United States Department of Transportation’s 1993 report is one of the first studies where the driving performance under the influence of marijuana (THC) was studied.  This study is often cited in support of marijuana usage.  In this study, subjects under high doses were seen to complete every ride without a major intervention by driving instructors and their safety was never compromised.  These tests are “set forth” in the U.S. Department of Transportation National Highway Traffic Safety Administration, DOTHS808078, November 1993 study.

http://www.druglibrary.org/schaffer/misc/driving/contents.htm

It would seem that when it comes to speed and focus,  “high” and“drunk”

drivers actually have the exact opposite reactions.  Drivers under the influence of marijuana are more aware of their impairment and generally compensate for it by slowing down and increasing focus, while drunk drivers tend to drive in a more risky manner proportional to their level of intoxication, e.i., the more drunk, the more reckless the driving becomes.  http://norml.org/library/item/cannabis-and-driving-a-scientific-and-rational-review

While driving “stoned” is difficult to regulate by law enforcement, it should be kept in mind that it is a crime in most States; and being “stoned” does cause impairment which can lead to mistakes while operating  a motor vehicle under the influence of marijuana.  You are more likely to pull out in front of someone or run a red light.   And by the way, if you get caught, you could go to jail.

If you or a loved one has been injured in an accident caused by a person driving while under the influence of drugs or alcohol make sure you discuss your circumstances with a knowledgeable personal injury lawyer.  You may contact our office at 800-636-0808.  See our website at www.billhurst.com.  We charge no fee unless we recover for you and you can consult with us for free.

www.Indianapolisabogado.com

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• HOW TO AVOID A SLIP AND FALL ACCIDENTS ON ICE

Filed Under: FAQs, Personal Injury Cases by jlong — Leave a comment
January 9, 2012

How To Avoid A Slip And Fall | Slip And Fall Prevention In Ice And Snow Conditions

        While on sidewalks or entering and exiting your car or truck in parking lots or entering a building after a snow storm you must be aware of the dangers of snow and ice.  This time of year slip and fall accidents injure  and claim the lives of thousands, often causing devastating injuries.  As a matter of fact falls of all kinds account for 300,000 injuries and 20,000 deaths a year.  Slips, trips and falls are the second most common cause of accidental injuries after automobile crashes.  Even when surfaces do not look especially icy or slippery, it is very possible that a thin sheet of transparent ice is covering your pathway putting you at serious risk. When you approach a sidewalk or roadway that appears to be covered with ice or snow, always use extreme caution.  https://www.wcfgroup.com/sites/default/files/slips.pdf       

The following checklist can help you avoid the possibility of an injury from a slip on ice/snow that could lead to an medical costs, pain, disability and even death. 

        1.     When walking use sidewalks whenever possible. If there is no sidewalk and the street is clear, and you have no other choice, walk against the flow of traffic and stay as close to the curb as possible. Avoid walking in the streets if possible.  The vehicular traffic in the area can slip and go out of control also.  If you can’t avoid the street, wear bright or reflective clothing. 
        2.     Wear clothing that does not restrict your vision.  Don’t  impair your vision with hoodies, ski masks, scarves, hats, etc. This type of clothing could prevent you from spotting slippery conditions  or prevent you from seeing  a car that is spinning out of control.

        3.     When crossing the street use extra caution  and always cross at crosswalks.  Be vigilant about the traffic around you. 

        4.     Ice can easily hide under the snow so just because you don’t see the ice doesn’t mean it’s not there.  “Black” or “clear” ice is often difficult to see and results from thawing and refreezing.  Watch the freeze/thaw cycles which causes this invisible ice.  www.en.wikipedia.org/wiki/Black_Ice

        5.     When walking on unfamiliar sidewalks or roads be vigilant, as you may not have knowledge of where potential danger exists.

        6.     If you can’t avoid walking on the ice and snow, bend your knees slightly and take slower, shorter steps to help reduce the chance of a fall. 

        7.     If forced to use the steps at someone’s home, walk slow and take shorter steps when descending. The same is true of unlevel and hilly terrain; these areas are very dangerous when covered with ice or snow. Steps especially can be hard to clear and build up ice easily. So slow down and shorten your stride.  http://www.bcforestsafe.org/walking_on_slippery_surfaces.html 

        8.     Be aware of overhead hazards! Falling icicles and chunks of ice kill innocent people each year. Icicles can build up in size very quickly. Their size and dagger-like formation are extremely dangerous for pedestrians. so be aware of what’s happening above you, and stay clear from the edges of buildings.  Property owners should post warnings in public places.   www.accuweather.com/en/weather-news/dangers-of-ice-following-snows-1/44248

        9.     Even if your hands are cold, don’t put them in your pockets when you are walking on snow covered surfaces.  If you slip, you will need your arms to restore balance or to break your fall so you can land safely.  http://www.rsa.ie/Documents/Road%20Safety/Weather/Downloads/Top_10_Safety_Tips_Avoid_Slip_Fall_Ice_Snow.pdf

10.    Wear the proper footwear. Although it may not be glamorous to

wear a pair of boots, it will give you traction, not to mention keep your feet warm. If you want to wear heels or other kinds of shoes, simply carry an extra pair with you to change in to. http://www.rsa.ie/Documents/Road%20Safety/Weather/Downloads/Top_10_Safety_Tips_Avoid_Slip_Fall_Ice_Snow.pdf

11.    If you are walking on a particularly slick area of snow or ice, explore the area with your foot to see how slippery it is before you put your full weight on the area.

  1. Don’t carry large loads while walking on snow or ice – you need your balance and arms (hands free) to protect yourself and your face.  If you carry a load on an icy walk and feel yourself falling, toss your load so that you can break your fall with your arms. 

13.    Take small careful steps instead of large ones. When getting out of a vehicle, step, don’t jump.  Parking lot slips and injury are very common.  When possible, use handrails, handles – anything that will help you keep your balance.   www.wcfgroup.com/preventing-slips-and-falls

14.    Help your elderly friends and relatives on snow and ice. Slips and falls can be extremely dangerous for seniors. If you are older, ask others for assistance. http://www.safetyservicescompany.com/blog/winter-safety-7-tips-for-winter-slip-and-fall-prevention and http://www.cmu.edu/ehs/occupational-office/workplace-safety/slip-trip-fall.html      

Remember that prevention is the best way to stop slips and falls during the winter in icy conditions.  Be sure to shovel driveways, walkways, and sidewalks. Salt high traffic areas if you think ice may form. If there are especially icy spots, place a sign to warn others of the hazard.  www.cdc.gov/Niosh/docs/2011-123/pdfs/2011-123.pdf

        When you make a claim for your injuries after a fall you will be faced with the insurance adjustor and/or attorney claiming you were at fault; e.g., slip and fall accidents are often associated with negative connotations:  you were clumsy; you are trying to take advantage of the property owner; you are making something out of nothing.  Despite this defense slip and fall accidents can be physically and financially devastating, and you deserve compensation for any serious injury caused by someone else’s negligence.   If you aren’t sure who is at fault for injuries, a lawyer will be able to help you answer that question. Your chances of winning your case improve the sooner you act, the fall can be investigated whiel the evidence is “fresh”.  You have a better chance of taking photos of the scene as it was on the day of your fall.  

Your slip and fall lawyer will examine all of the evidence before you make a claim and advise you.  If the case ends up in a trial, the jury views liability for a fall more harshly than other accidents.  This is because in every falldown case the injured party participates in the event; i.e., put their foot where they should not have.  However, in the light of the law, a property should be safe for visitors no matter who they are or what they are doing at the time of their fall. It is easy to criticize the victim by weren’t “paying attention”, but you should also ask yourself,“Would I have fallen if there had been a “warning” or care had been taken to remove hazard?                                                                                                                                                                                                                          What happens if you slip and fall on ice at a friend’s house?  Chances are your friend has homeowners insurance  to protect for injuries on his or her property. Likewise, if your friend rents, there may be renters insurance.  In general before you can sue and recover you have to prove who is liable for the accident, but the homeowners insurance policy may also provide medical benefits which will not require proof of fault for payment up to a specified limit. 

For your premises you have to use common sense to protect against slippery hazards which could cause a person to slip and sue you.  Simply be vigilant of dangerous conditions in and around your property.  Be especially careful of water, snow, and ice, which are three main causes of fall injuries. If you learn of an unsafe condition, repair it immediately – if it can be proven that you knew about a hazardous condition that you did not fix, you will be found liable if someone falls.  In general, if you care for your visitors’ safety, you will not find yourself in a lawsuit.  http://www.nationwide.com/slip-and-fall-accidents.jsp?NWOSS=slip+and+fall+accidents&NWOSSPos=1.

            If you or a loved one has been involved in an accident involving a slip and fall and you would like to have consultation with an experienced attorney contact our office at (800) 636-0808.  You may meet with William “Bill” Hurst for a free consultation and he only charges a fee if you make a recovery.  http://www.billhurst.com. 

www.Indianapolisabogado.com

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• INDIANA LAWMAKERS CHANGE “MOVE OVER” LAW TO “MOVE IT” LAW FOR INDIANA MOTORISTS FACED WITH ON COMING EMERGENCY VEHICLES

Filed Under: FAQs, Personal Injury Cases by jlong — Leave a comment
December 30, 2011

INDIANA LAWMAKERS CHANGE THE “MOVE OVER” LAW TO “MOVE IT” LAW FOR MOTORISTS COMING UPON EMERGENCY VEHICLES

 

Under IC 9-21-8 et seq, an emergency vehicle is not relieved from the duty to drive with due safety for all persons on the highway nor from the duty to exercise due care to avoid colliding with a pedestrian.  However, the emergency vehicle does have priority rights on the roadway and requires appropriate care from motorists in the vicinity of the emergency vehicle to react to the presence of the emergency vehicle.  In the even you do not appropriately react bey moving your vehicle over in accordance with Indiana law you may be ticketed for “Failure to Yield to an Emergency Vehicle”.  Yielding to emergency vehicles require a full lane change to give the emergency vehicle room to operate unless it is impossible or unsafe see Indiana Code Section 9-21-8-35.

http://www.in.gov/legislative/ic/code/title9/ar21/ch8.html

One reason and perhaps the primary reason for this recent change of this law is as a result of police officers standing on the side of the road during a road side traffic stop, being involved in accidents, or near accidents.  The frequency of this event has increased over the past few years.  As a matter of fact statistically a police officer will be more likely to be run-over or struck by a vehicle during a traffic stop than he is  to be shot or stabbed according to current Indiana State Police statistics.   As a result, and in recognition of this problem, Indiana has enacted a “Move Over” law that requires a motorist who sees a stopped emergency vehicle on the side of the road to (if they are on a four-lane road); switch lanes so they are not in the lane next to the stopped emergency vehicle.  If the motorists cannot safely get into another lane, they are required to slow down and cautiously drive past the emergency vehicle.  Emergency vehicles are defined as police cars, fire trucks, and ambulances, as well as recovery vehicles and highway maintenance vehicles.  See, Indiana Code Section 9-21-8-35.

These changes in the law were made in the last Indiana State Legislative session.  The law originally required motorists to move over to a non-adjacent lane for stopped emergency vehicles, maintenance vehicles, and wreckers on multi-lane highways; and if that action could not be completed safely than motorists are required to slow their vehicles as they pass the emergency lights.  Under the recent change Indiana motorists are now required to slow their speed down to at least “10 miles” per hour under the posted speed limit. 

In addition the foregoing, Indiana law now requires a person involved in a  car crash to move the vehicle out of the traveled portion of the roadway if possible.  This new law has faced some criticism for the reason that some believe it is not wise for those involved in a motor vehicle accident to attempt to move their cars, and may end up endangering other drivers in the immediate area in the process.

For more in depth discussion of your duties in facing a vehicle with a siren or flashing lights see our blog http://blog.billhurst.com/tag/Indiana-code/

 If you or a loved one has been involved in an accident and you would like to have consultation with an experienced attorney contact William W. Hurst or call 1-800-636-0808 and meet with him for a free consultation and our office only charges a fee if you make a recovery.

www.indianapolisabogado.com

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• INDIANA SUPREME COURT RULES TRAMPOLINES MAY CONSTITUTE AN ATTRACTIVE NUISANCE

Filed Under: Indiana News Articles, Personal Injury Cases by jlong — 1 Comment
December 8, 2011

In deciding two matters of first impression, the Indiana Supreme Court recently held that a trampoline may constitute an attractive nuisance and that a parent/landowner may be liable for injuries of a minor sustained on the parent/landowner’s property, when the parent/landowner’s minor child invites the other minor onto the property.  Click here to read the Indiana Supreme Court’s opinion in Kopczynski v. Barger.

In Kopczynski, a 12 year old girl was invited by her neighbor’s minor child to jump on a trampoline in the neighbor’s back yard and subsequently injured her knee while on the trampoline.  The trampoline was located in an unenclosed area behind the neighbor’s house and the children were jumping on the trampoline without adult supervision.

The trial court granted the parent/landowner’s motion for summary judgment on the injured girl’s claim for liability under the attractive nuisance doctrine and premises liability, determining that the girl was a trespasser and that the attractive nuisance doctrine was not applicable.  The Indiana Court of Appeals affirmed the trial court’s determination.

The Indiana Supreme Court reversed the trial court’s grant of summary judgment, holding that there is a genuine issue of material fact as to whether the injured girl was an invitee on the property, opposed to a trespasser.  Additionally, the Court used expert testimony that stated unenclosed trampolines on private property “are particularly attractive to children,” that knee injuries are a common result of trampoline use and additional testimony stating the injured girl was not warned of the dangers of the trampoline in determining that a genuine issue of material fact existed as to whether the trampoline in this case constituted an attractive nuisance.

At Mitchell Hurst Dick & McNelis, LLC we recommend that you check in the community, family, friends, attorneys, judges and insurance adjustors regarding our reputation for representing persons injured in accidents.

If you have a child in your family who was injured on a neighbor’s property on some type of playground equipment, swimming pool, trampoline or something of this nature you should contact an experienced attorney.  Our office will see you for free and we will only charge if we win your case.  Contact William W. Hurst at 317-636-0808 or see our websites at www.billhurst.com or www.indianapolisabogado.com.

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• VEHICULAR ACCIDENT OCCURRING IN ROAD CONSTRUCTION ZONES – YOUR INDIANAPOLIS INDIANA INJURY LAWYER

Filed Under: Personal Injury Cases by jlong — Leave a comment
October 21, 2011

Car and truck accidents often occur because of construction on the roadway, construction markings/barriers, or sometimes by driver negligence as they approach and react to a construction zone where there are workmen.  According to the Indiana Department of Transportation (INDOT), there are far too many fatal accidents or serious personal injury which take place in road construction areas on the highways which could have been prevented if the driver would drive slowly and be vigilant while driving through the construction zone.  Currently the Indiana Police and the Indiana Dept. of Transportation are working together to keep drivers aware, alert and under the speed limit while driving through construction zones.  A lot of their efforts involve putting the uniformed troopers into INDOT pickup trucks parked around the highway worksites.  If people do not slow down, they may get pulled over and ticketed.  Just recently, a construction worker died in a multi-car accident on the east side of Indianapolis at 30th street and Franklin Road.  Once again, the driver causing the accident was speeding through a construction zone.  The driver hit a propane tank before hitting a construction flagger who was directing traffic away from the crew that was building a barrier on Interstate 465. The worker hit by the car died at the scene.  http://www.fox59.com/news/wxin-multivehicle-accident-at-30th-st-Franklin-Road-20111006,0,790331.column.

It is believed that for the past several years, approximately 500 worker deaths occur nationally in work zone traffic accidents annually.  In the past several years various governmental agencies have been obtaining construction auto accident data.  However, despite efforts, there is a lack of reasonable accident information obtained from police and public agencies responsible for work zone safety.   The Transportation Research Board uses this figure (500) in establishing a research program priority.  Despite this assumption, the best research data show that there are substantially fewer fatalities than estimated by the TRB.  Police reports vary across the county in what is reported and seldom clearly indicate “construction site” accidents or involvement in causing the accident.  Often, reports do not give sufficient details necessary to analyze accident cases.  The information that is generally in police reports make it impossible for researchers to analyze and draw conclusions about construction work zone safety.  There is currently no consistent reporting system to reliably obtain crash data.

In New Mexico, at the Transportation Research Board, a research paper by Hall and Lorenz did a study in a single State, New Mexico.  The study emphasizes the problem in construction zone accident reporting and a lack of adequate information about safety.  The research team did examine construction zone accidents on New Mexico’s rural  highways between ‘ 83 and ‘85.  They collected all accident reports, no matter how they were coded and matched these reports with construction projects during those years.  The research team compared these car accident reports with accident reports made the year prior to the construction areas in these same boundaries and roadways.  This study shows that the current accident reporting system is severely flawed.  Hundreds of accidents in construction work sites were not recorded as construction zone-related accidents on the accident reports.  This study also showed that auto and truck vehicular accidents increase by 26% during construction (with interstate highways showing the most significant increase) to 33%.  The study did note that certain accident characteristics are overrepresented in construction zone accidents such as rear-end collisions and multiple-vehicle accidents.  They also found there was no significant change in pedestrian accidents despite construction workers being present. This study concluded that the frequency of accidents in construction zones is substantially greater than indicated by the accident record system used by researchers.  www.usroads.com/journals/rmej/9905/rm990501.htm.       Despite the lack of reliable data, most researchers believe that construction zone fatalities are on the rise.
  Federal laws require the Secretary of Transportation to develop and implement work zone safety programs to improve work zone safety of construction sites and to develop uniform accident reporting of fatalities, injuries, and certain specified accident types which include the work zone accidents.  Despite this, the Highway Safety Information System has encountered a number of problems in analyzing the data.  Because of the problems of completeness and accuracy, there has been attempt by the National Highway Transportation Safety Administration to have uniform information be included in police reports throughout the country indicating whether or not the auto/truck accident happened in a construction or work zone. Currently, it is believed that approximately only 14 states have an explicit data element in a databox for this information.  In a comparison to the 1988 – 1989 data with the 1991 – 1992 data in those areas, the data appears to be unreliable.  Indeed, the Michigan Department of Transportation did a similar study that showed about 85% of all police-coded work zone accidents occurred in work zones.  However, based on limited investigation of the four States selected, as many as 77% of the crashes that did occur with the four zones were not coded as work zone accidents.  One explanation for all of this is that the police officer may interpret work zone accident variables to fly only when a construction activity was present or had an influence on the accident.  These results support the need for better work zone definitions and suggest that even an explicit data element may not ensure that all work zone crashes are identified.  All studies currently are based on very limited data.  Very few studies have attempted to explicitly consider exposure to work zone activities or to develop work zone accident rates that account for the difference in exposure.  For more information regarding this, you may contact Jeffrey Paniati, Chief of FHWA, Design Division of the Office of Safety and Traffic Operations, at 703-285-2057. http://www.hsisinfo.org/pdf/zone.htm.
Recently, in Pittsburgh, investigative reporting was done which revealed that more than one-half of the vehicles passing through a construction zone on Interstate 79 in Washington County were speeding.   The investigators report that the only time that vehicles slowed was at the sight of a uniformed state trooper aiming a radar gun.  The investigators report that police and traffic safety experts say it is part of a nationwide indifference to work zone speed limits.  All of this is contrary to the advertising campaigns and new laws that emphasize the safety of construction workers.  The U.S. Department of Transportation reports that fatality rates for highway workers were twice that for other types of construction workers.  It is reported that recent studies have concluded that doubling the fines in work zones has had no impact on motorists’ habits or fatality rates.  Apparently, the only effective measure is having police in marked vehicles stationed near construction workers. http://www.workzonesafety.org/research/record/770.

     Nearly all states have increased penalties for speeding or committing other traffic violations while driving in a construction work zone.  Often the enhanced penalty consists of doubling the applicable fine had the traffic violation been committed outside the construction zone.   In others, there is a fixed dollar amount or range.  Thirty-two (32) states and the District of Columbia have doubled the fine for speeding, 24 states and the D.C. require workers to be present in a construction zone for the increased penalties to take effect, and 41 states and the District indicate that signs must be posted to alert drivers of the enhanced penalties.  For an itemization of all of these various new traffic statutes, see www.ghsa.org/html/stateinfo/laws/workzone_laws.html.  Sources for this information found on this website are from the National Work Zone Safety Information Clearinghouse and the State Highway Safety Offices.
In Indiana, there are laws that require you to slow down or move over when you see vehicles and construction zone warnings on the side of the road with flashing lights on.  Governor Mitch Daniels has recently signed a new law to make construction zones even safer.  Already there are speed limit restrictions and the new law calls for fines up to $1,000 for people who break law in construction zones three (3) times within three (3) years.  There are also fines for up to $5,000 for driving recklessly/aggressively in construction zones.  Drivers who injure or kill a highway worker could end up paying a $10,000 fine and serve a maximum of eight (8) years behind bars if convicted.  There will be signs posted to warn Indiana motorists of the consequences violating these specific laws.  If you have computer access and need to know about  traffic updates and road conditions in the Indianapolis area, particularly I-465 and the construction and road updates, you can go to http://pws.trafficwise.org/ipws/ci/.  For general statewide information, see http://www.in.gov/indot/2351.htm.
  For construction workers who are hurt in these construction sites, under Indiana workers compensation laws, an employee cannot sue his or her employer for on-the-job construction injuries.  The construction workers’ compensation claim typically pays out partial lost wages, medical expenses and a compensation schedule for permanent injuries and in Indiana the benefits are generally inadequate.  While an employee cannot sue their employer under sole remedy exclusion set forth in the Workers Compensation Act, workers can sue non-coworkers, third parties or other entities who are responsible (as a result of their negligence) for their injuries. You will need to meet with an experienced attorney to evaluate these claims.

If you or a loved one has been hurt, seriously injured or killed in a construction work zone accident, you should contact an experienced attorney.  My law firm Mitchell Hurst Dick & McNelis LLC, has represented victims of construction accidents throughout the State of Indiana.  If you would like to contact us, call 1-800-636-0808 for a free consultation.  We only charge a fee when we win your case.  See our website:  www.billhurst.com.

 

www.indianapolisabogado.com

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• DROWSY DRIVERS CAUSE INJURY AND DEATH

Filed Under: Personal Injury Cases by jlong — Leave a comment
October 14, 2011

It is estimated that each year at least 1,500 people die in automobile crashes related to sleepy, fatigued, or drowsy drivers in the United States.  Each year it is further estimated that some 40,000 people are injured in these crashes.  As it is very difficult to gather the statistics, it is believed by the various statisticians’ calculations are probably underestimated.  Over 60% of all American adults who have been surveyed report that they drive while feeling drowsy; and, of these, at least 37% of the people surveyed indicate that they have dosed off while driving at least once.  In England,  research commissioned by the British government found that one-fifth of the motorway collision are caused by drivers falling asleep at the wheel and one-tenth of the crashes on all of Britain’s roads (around 23,000 a year) are also linked to fatigue   <http://AmericanIndian.net/sleepstats.html>.  
             Most physicians recommend that you should get 7 to 9 solid hours of sleep.  However, about 60% of all Americans report having sleep troubles almost every night according to this year’s National Sleep Foundation poll, and all say they have driven a vehicle while feeling drowsy in the past year.  The results of this drowsy driving according to the National Highway Traffic Safety Administration results in an estimated 1,550 deaths and 71,000 injuries and $12.5 billion in monetary losses. 

            Sleep related crashes are most common in young people (especially men) adults with children and shift workers.  Adults between the age of 18 and 29 are much more likely to drive while drowsy compared to other age groups.  Men are more likely than women to drive fatigued and adults with children in the household are more likely to drive drowsy than those without children.  Shift workers are more likely to drive drowsy than those who work regular daytime hours.   It is clear that the less people sleep the greater they risk a sleep-related crash occurring.  According to a recent study by the Foundation for Traffic Safety, people who sleep six to seven hours at night are twice as likely to be involved in a crash as those sleeping eight hours or more.  It is also found that people sleeping less than five hours increase their risk to four or five times.  Sleep deprivation and fatigue makes lapses of attention more likely to occur and this will play a role in driving behavior that can lead to crashes; and, for that matter, other types of accidents.  Interestingly, people tend to fall asleep more on high-speed long, boring rural highways than those who live in urban areas.  Most of these crashes and near-misses occur between 4 and 6 a.m.; midnight to 2 a.m. and 2 to 4 p.m.             
            The National Sleep Foundation researchers indicate that when one spouse does not fall asleep, it can trigger significantly more negative interactions between spouses the next day. This is particularly true of wives, as it has been found that when husbands sleep poorly there is little difference in how the couples relate.  Researchers suspect that women who have sleep problems are more likely to express stress, be irritable and verbalize those feelings.  According to the research, 42% of those polled said that when they become stressed, they also become impatient and some tend to drive faster. All of this can lead obviously to serious crashes when operating a motor vehicle  <http://drowsydriving.org/about/facts-and-stats/> . 
            Drowsy driving has also been described as distracted driving – drivers who experience drowsiness do not apply their full attention to the driving task.  Driving requires a person to be alert to their actions and surroundings at all times.  Sleepiness and driving is a dangerous combination.  Most people are aware of the dangers of drinking and driving but don’t realize that driving while drowsy can be just as fatal.  Sleepiness or fatigue causes impaired reaction time; impaired judgment and vision; problems with information processing; short-term memory issues; decreased performance, vigilance and motivation; as well as increased moodiness and aggressive behaviors. 

            There are several warning signs of drowsy driving:  1)  being unable to stop yawning, 2) having trouble keeping your eyes open and focused, 3) driving starts being sloppy and you weave, 4) hitting groove and rumble strips on the side of the road, 5) finding yourself opening a window or turning up a radio to stay alert, and 6) driving aggressively to get to your next destination because of drowsiness.  Tips on avoiding drowsy driving include, most importantly, a regular sleep schedule.  If this isn’t done, then you must respond to symptoms of fatigue by finding a safe place to stop for a break when feeling sleepy.  Remember:  driving drowsy triples your chance of having a crash or destroying someone else’s life.  If you are a young adult, you absolutely need eight hours of good rest to be alert while driving.
            There are several multi-million dollar settlements that have been awarded to families of crash victims resulting in lawsuits filed against individuals as well as businesses whose employees were involved in drowsy driving crashes. 

            If you or a loved one has been seriously injured or killed as a result of the inattention of a drowsy driver, please contact an experienced personal injury lawyer, William “Bill” Hurst .  You may visit our website at www.Billhurst.com or call 800-636-0808 for a free consultation.  We only charge a fee when we win your case.

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• DISTRACTED DRIVING: THE “MAIN” CAUSE OF AUTO ACCIDENTS!

Filed Under: FAQs by jlong — Leave a comment
October 10, 2011

Distracted drivers cause  most motor vehicle accidents.  Studies show that distracted drivers are a leading cause of motor vehicle accidents.  Whenever you are driving in a motor vehicle and your attention is not on the road, you are putting yourself, your passengers, other vehicles and pedestrians in danger.  In the late 1970’s Indiana University’s “Study of Pre-crash Factors Involved in Traffic Accidents” identified driver inattention as the leading cause of automobile accidents in Indiana.  Current research tells us that something between 25% to 50% of all motor vehicle crashes in the United States have driver distraction as the root cause.  http://www.smartmotorist.com/traffic-and-safety-guideline/distracted-drivers-cause-motor-vehicle-accidents.html.

There are three main types of distraction:  1) visual – taking your eyes off the road, 2) manual – taking your hands off the wheel and 3) cognitive – taking your mind off what you are doing.  While a single distraction can endanger drivers’ safety, texting is the most alarming because it involves all three types of distractions.

Of the people who are killed as a result of distracted driving, 18% of all fatalities involve reports of cell phone use as a distraction.  The age group with the greatest proportion of distracted drivers was the under 20 age group.  Sixteen percent (16%) of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving according to a study by the National Highway and Transportation Safety Administration.  The drivers who use hand-held devices are four times more likely to get in serious crashes as reported by the Insurance Institute for Highway Safety  www.distraction.gov/statistics-and-facts/.

While cell phones certainly get a lot of negative media attention, other more low-tech distractions cause most traffic accidents.  Reports of spilling coffee, dropping something on the floor while driving are two of the distractions drivers cite most frequently as reason for traffic accidents according to a recent study done by the Network of Employers for Traffic Safety (NETS). Other cited distractions include dialing the radio or working the climate control system. Some motorists even report attempting to read newspapers as a distraction while they are driving.

More than 85% of 100,000,000 cell phone users regularly talk on the phone while driving says a survey by Prevention Magazine.  In 1997, a study by the New England Journal of Medicine found drivers who talk on cell phones are four times more likely to be in an accident than drivers who don’t.     The National Safety Council has recently reported that 28% of all traffic accidents occur when people are talking on cell phones or texting. http://www.washingtonpost.com/wp-dyn/content/article/2010/01/12/AR2010011202218.html.   Drivers throughout the country report seeing distracted drivers talk on cell phones as they drift into other lanes and run through red lights and stop signs.  Certainly all recent development in cell phone technology including voice-activated dialing and built-in speaker phones help drivers’ concentration on the roadway.  Also recent developments have been urged to lessen drivers’ cell phone usage.  Since 1995, forty states have proposed bills concerning cellular phone use in cars, but the $40 billion a year cell phone industry has successfully lobbied to keep most of these laws “off the books”.  The industry claims that not only are cellular phones safe to use while driving, but cell phones help drivers by allowing them to quickly report emergencies such as accidents and car jacking.  These proposed laws are in flux.

The vast majority of these crashes (1.4 million annually) are caused by use of cell phones in conversations with about 200,000 blamed on texting according to a report from the National Safety Council.  Because of the extent of this problem, Federal transportation officials have unveiled an organization patterned after Mothers Against Drunk Drivers that will combat driver cell phone use.  The group (“Focus Driven”) grew out of a meeting on distracted driving sponsored by the United States Department of Transportation last year. This organization will promote laws banning cell phone usage.  Currently nineteen states are reported to have banned text messaging while driving; however, in four of those states, laws require that a police officer have some other primary reason for stopping a vehicle.  This obviously makes it near impossible for police to enforce this law effectively.  President Obama last year imposed a text ban on all federal employees while using government vehicles or using government issued phones in their own vehicle.  In Indiana, a ban on texting while driving took effect July 1st.   A Butler University (Indianapolis) psychology professor has indicated that texting has become so ingrained that it is almost an addiction and the prospect of a fine up to $100 may only just make people try to hide what they are doing but not prevent it.  The professor states that she believes that this could just make the safety concerns even worse. www.wibc.com/news/Story.aspx?ID=1424968.

In addition to “Focus Driven” many other organizations have recently begun lobbying for cell phone probation laws.  For example, the AAA Foundation for Traffic Safety and Nationwide Insurance states they will educate people about the risk of cell phone use while driving to create public support for laws and changing behavior to reduce crashes. http://www.nsc.org/pages/nscestimates16millioncrashescausedbydriversusingcellphonesandtexting.aspx.  It is believed law enforcement can be useful to a degree in banning specific acts but banning specific actions is not the best preventive medicine.  The National Motorists Association believes that distracted driving in all forms can best be addressed through efforts to educate of its dangers.  Reinvesting public resources into educational public relation efforts focused on inattentive driving would be far more productive use of these funds.  http://www.motorists.org/distracted-driving/.

One may ask, “Are driving distractions really as dangerous as the research has claimed they are?”  For five real life examples of distracted drivers getting into very serious accidents, see http://www.vehiclevibes.com/2010/01/distracted-driving-accidents/.  These examples range from a person looking at a Blackberry navigation to a train engineer texting while operating a train.  For example, in February 2011, an 18-year old driver was speeding and struck and killed two people and seriously injured a child in an accident in North Carolina.  This teenager was arrested at the scene and charged with “misdemeanor death”.  The child was being pushed in a stroller by his grandfather or mother when the crash occurred killing both the grandfather, the mother and critically injuring the child.  The distracted driver claims that she was reaching for her cell phone and took her eyes off the road.  This accident serves as a reminder of how easy it is to lose concentration when behind the wheel and how serious the results for doing that can be.

Scientists/researchers at the Temple University, state that while everyone knows distracted driving is dangerous, there is evidence that driver use of mobile devices is recently increasing.  The research finds there is a widening gap between the evidence of distracted driving and the laws being passed to address the problem.  The purpose of the Temple University study is a first step towards understanding which laws really “could or may” reduce distracted driving, and thus reduce related crashes and associated injuries and fatalities.  This Temple University study looked at enforcement and penalties of violations of the laws which vary from State to State as of November, 2010, which includes 39 states plus Washington, D.C.   http://www.tgdaily.com/mobility-features/56502-distracted-driving-laws-in-disarray-says-researcher.

If you or a loved one has been injured by a distracted driver, call i-800- 6360808– William “Bill” Hurst – for a free consultation.  We only charge a fee if we win your case!

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