After high-profile congressional hearings, this month federal regulators decided to take action. The National Highway Traffic Safety Administration (NHTSA) has formally proposed a new requirement for automakers: make inclusion of brake-throttle override systems mandatory in all passenger cars and light trucks sold in the United States.
]]> According to Transportation Secretary Ray LaHood, America's drivers need to be confident in their ability to maintain control of their vehicles at all times. "By updating our safety standards," says LaHood, "we're helping give drivers peace of mind that their brakes will work even if the gas pedal is stuck down while the driver is trying to brake."The mandatory system would release the throttle automatically when its onboard sensors deem it necessary to assist drivers in regaining control during sudden acceleration. This would allow drivers to stop their vehicles if the gas pedal became stuck.
The new 98-page federal proposal will be open for a 60-day public comment period before it is finalized. Once it is final, car manufacturers would likely have about two years to bring their automobiles into compliance. However, carmakers such as Nissan, VW, BMW and Chrysler have been offering brake-overrides systems for years. Since 2010, Toyota has made override systems standard.
Nevertheless, people continue to experience sudden acceleration issues in select vehicle models. If you have been injured in such a situation, please contact an experienced personal injury attorney to explore your legal options.
]]>The Brain Injury Association defines a TBI as a blow, bump, jolt or penetration to the head which disrupts brain functioning. The top three causes of TBIs are falls, auto collisions and workplace accidents. Roughly, three out of four TBIs that occur are categorized as concussions or other types of mild traumatic brain injuries.
]]> The consequences of TBIs vary from person to person as each brain injury is unique. Brain injuries may require treatment and various forms of therapy throughout a person's life. The costs of such treatment can be great. The average cost of hospital rehab for TBIs is $8,000 per day, and day treatment ranges from $600 to $1,000.Proper treatment for brain injuries is vital. As the National Medical Director for the Brain Injury Association of America explained, "Since anyone can sustain a brain injury at any time, it is important for everyone to have access to comprehensive rehabilitation and ongoing disease management." Treatment can ease medical complications and prevent permanent disabilities.
If you sustain a TBI as the result of someone else's negligence, an attorney can help you obtain the compensation you need to cover the costs of treatment and therapy.
Source: Brain Injury Association, Brain Injury Awareness Month 2012
]]>A similar bill passed the House last year, but died after it got delayed behind other pieces of legislation in the Alabama Senate. This year it appears the bill may progress through the chambers much more quickly. Earlier this week the bill passed the House Public Safety Committee. Legislators think a full floor vote may happen as early as next week.
]]> The bill outlaws texting while driving for all Alabama drivers. Those who violate the law would receive a $25 fine along with two points on their license. Additional violations would tack on another $25 fine and two points, and could eventually add up to a loss of the repeat offender's license.Although several Alabama cities already have ordinances prohibiting texting and driving, many only categorize it as a secondary violation, so police can only make the charge if the driver is violating an additional law like speeding. The potential statewide ban would close this loophole, and put Alabama among the 35 other states that have already passed similar laws.
State Rep. Jim McClendon (R) who sponsored the bill stated that, "It's time to do something about this very dangerous practice. There is essentially no difference between the crash rate of drunk-driving and texting and driving."
Source: WHNT, Alabama On Verge of Passing Texting While Driving Ban, Nick Banaszak, 16 February 2012
]]>With longer life spans and the aging of the baby boomers, there is concern among advocates for the elderly that appropriate resources for abuse victims are available.
"The fastest-growing segment are people over 85 and the percentage of people with Alzheimer's, dementia is at an all-time high...This is just an absolute recipe for disaster," explained Laura Mosqueda, co-director of the National Center on Elder Abuse.
]]> Some estimates have indicated that as many as one out of 10 seniors will be victims of abuse. Sadly, abuse often goes unreported. It is estimated that only one out of 14 cases is brought to the attention of authorities, according to the National Academy of Sciences.The most common type of abuse is financial; often elders unknowingly sign assets over to their caretakers, leaving them with nothing. Physical abuse includes beatings but also forms of neglect like not receiving enough food or water or being cleaned appropriately.
Currently there are only six elder abuse shelters in the country, but advocates are pushing for more. In Alabama, an elder justice bill has been put forward which includes a commission focused on protecting the elderly, according to TimesDaily.com.
As the population continues to age the problem may only continue to grow. According to the Census Bureau, the amount of people who reach age 90 and above has tripled over the past 30 years and will likely quadruple by 2050.
Source: USA Today, As USA grays, elder abuse risk and need for shelters grow, Haya El Nasser, 10 January 2012
]]>The Alabama hunting accident occurred on private land near John Harless Road. The victim had on an orange hat with an attached light. The shooter was issued a citation by an Alabama Conservation officer for not wearing the required safety orange, as well as for not having a hunting license or buck harvest record.
After authorities responded to the 911 call, the victim was taken to DCH Regional Medical Center for emergency surgery. He is now recovering from his injuries. The Tuscaloosa County Sheriff's office and Tuscaloosa Metro Homicide Unit are still investigating the case. Sheriff Ted Sexton believes the victim does not wish to press charges.
]]> Proper Safety Precautions to Avoid Alabama Hunting AccidentsAlabama law mandates that hunters display at least 144 square inches of hunter orange worn above the waste. Hunters should always be able to clearly see their target as well as identify what is behind it. Alabama's hunter education program covers a variety of other safety precautions hunters should abide by.
Sheriff Sexton also encourages hunters to be on the lookout for people other than fellow hunters that may be engaged in outdoor activities. These individuals may not be wearing bright colors that make them easily identifiable.
Source: al.com, Tuscaloosa man recovering after being shot in hunting accident, Chris Pow, 12 December 2011
]]>Thankfully, a new report from the Federal Motor Carrier Safety Administration shows that truck accidents are on the decline. Between 2007 and 2009, the rate of fatal truck crashes fell by 31 percent. Crashes resulting in personal injury dropped by 30 percent during that same time period.
The fatal truck crash rate has fallen by 54.5 percent since 2000 - more than twice the rate of decline for fatal passenger vehicle accidents.
All told, the United States sees approximately 1.12 fatal truck accidents for every 100 million vehicle miles travelled.
]]> Decline Attributed to Truckers' Increased Safety FocusThe president of the American Trucking Association praised these results. He attributed the decline in fatal accidents in part to sensible regulation and technological improvements. He also commended drivers and safety directors for their dedicated focus on increasing safe driving behavior.
Unfortunately, an increased safety emphasis on the part of the nations' truck drivers can only do so much to reduce the rate of serious semi truck accidents. According to the FMCSA, 62 percent of fatal truck-versus-car collisions were caused by the driver of the passenger vehicle. Both rear-end and head-on truck collisions are significantly more likely to be caused by a passenger vehicle striking a truck.
Regardless of who caused the accident, the damage is often catastrophic. If you've been injured in a truck accident caused by another person's negligence, you may have legal recourse to recover for your injuries.
Source: Truck News, "Fewer truck-related deaths on U.S. roads in 2009," 16 November 2011
]]>However, a recent study published in the Journal of the American Medical Association suggests that instead of preventing auto accidents, graduated license requirements merely delay the age that teens get into motor vehicle accidents.
Alabama's Graduated License Requirements
Alabama allows those at least 15 years old to get a learner's license, which lets them drive as long as they are accompanied by a parent, guardian or licensed driver 21 years or older. Those who are 16 or 17 years old may get a driver's license but are not allowed to drive between midnight and 6 a.m. if they have had the license for less than six months, unless they are accompanied by an adult, are going to or from work, school or a religious event. Those who are 18 years old may apply for an unrestricted driver's license.
]]> Study FindingsThe study examined National Highway Traffic Safety Administration (NHTSA) data from fatal crashes from 1986 to 2007 involving 16- to 19-year-olds and state laws governing driver's licenses. Overall, there were almost 132,000 fatal crashes involving drivers age 16 to 19 in the time period the study covered. Twenty percent of the crashes involved 16-year-old drivers, while 30 percent involved 18-year-old drivers.
The study's researchers found that those states with the most restrictions had 26 percent fewer crashes among 16-year-olds compared to those states with the fewest restrictions. However, those states with the most restrictions also had 12 percent more fatal crashes among 18-year-olds than states with the least amount of restrictions.
Alabama crash statistics mirror the study's findings overall. In 2010 there were more fatal accidents involving 18-year-olds than accidents involving 16-year-olds, according to the Alabama Department of Public Safety.
Researchers say that the study's results suggest that teens are simply waiting until they turn 18 before applying for a driver's license in order to avoid the graduated license requirements.
The study's findings are troublesome, as those 18 and older drive so much more and in more unsupervised situations than those under age 18 do. National studies show that 18 year-olds drive about twice as many miles as 16-year-olds do. By circumventing the graduated licensing requirements, teens have less experience-and no one monitoring them-when they get behind the wheel at age 18.
New drivers lack the experience and skill of those who have been driving for a longer period of time - no matter how old. Lack of experience increases the likelihood of accidents. If you have been involved in a car accident, seek the help of an experienced attorney who can discuss your situation with you and advise you of your options.
Source: Montgomery Advertiser, Study: Graduated driver's license laws only delaying teen accidents, Kym Klass, 24 September 2011
]]>According to the FDA, surgical mesh is used to repair weakened or damaged tissue and is commonly used to reinforce a weakened vaginal wall after POP occurs or to support the urethra in women who experience SUI. The surgical-mesh implantation is intended to be permanent.
]]> Following its analysis of additional reported serious complications and its review of relevant medical literature, the FDA now says the implantation of transvaginal surgical mesh to repair POP is "an area of continuing serious concern." The FDA also stated that its review revealed that:Among other things, the FDA also reported that the most common serious complication following transvaginal mesh implantation is mesh erosion, which can cause patients to require several surgeries and can be "debilitating" to women. In some cases, multiple surgeries were not sufficient to fix complications following transvaginal mesh implantation. Therefore, the FDA is urging health-care providers to recognize that POP can be treated without mesh in most cases, thereby avoiding the risk of these and other serious personal injuries following transvaginal mesh implantation.
If you have a transvaginal mesh implant contact your physician to make sure you are not at risk. Additionally, if you are experiencing complications, a knowledgeable personal injury attorney may be able to help you receive compensation for your suffering.
Source: FDA, Update on Serious Complications Associated with Transvaginal Placement of Surgical Mesh for Pelvic Organ Prolapse, 13 July 2011
]]>The problem is not limited to Alabama. Over 47,000 people were killed while walking in the United States between 2000 and 2009. That amount of fatalities roughly equates to the crashing of a jumbo jet filled with passengers every month of the year.
Overall, the roads have gotten safer, with traffic fatalities as a whole down nationwide. Across the country, however, pedestrian fatalities have fallen at only half the rate of overall deaths. Nationally 12 percent of traffic deaths are due to pedestrian-related accidents. However, little public attention and even fewer public resources are committed each year to pedestrian safety.
]]> Potential SolutionsIt is clear that the safety of pedestrians is an urgent issue requiring the attention of Alabama and the nation. A comprehensive solution is required to address a problem of this magnitude.
Transportation for America is advocating for several measures in the next federal transportation bill. These include: devoting more financial resources to creating safer road conditions, holding states accountable for safe transportation environments, adopting a national "complete streets" policy that takes into account the needs of pedestrians, and expanding networks of sidewalks and other pedestrian-friendly measures throughout metropolitan areas.
Improving pedestrian safety may actually save states like Alabama money. Transportation for America estimates that if pedestrian fatalities in Alabama declined by ten percent the state would save almost $300 million over the course of ten years.
If you have been injured in a pedestrian accident contact an experienced personal injury lawyer. An attorney can assist you in pursuing your claim and obtaining the compensation you deserve.
Source: Transportation for America, Dangerous by Design 2011
]]>Last April, when an EF-4 tornado hit the Tuscaloosa Steak-Out, three employees took cover in a meat cooler and burrowed out under the rubble after the storm passed. The workers emerged with bruises, lacerations and other injuries. All three required medical attention; two went to the hospital, one with a serious head injury.
To cover their medical expenses the employees filed workers' compensation claims. Unfortunately, even though their injuries occurred while they were at work, their workers' compensation claims were denied. They were told that the claims were rejected because their injuries did not arise from their employment, but rather were caused by an "Act of God"
Without health insurance, the employees were forced to rely on donations to help cover their medical expenses.
]]> What Does Workers' Compensation Cover?Most employees know of workers' comp, but are not well versed in how it works and what it covers. Every state has its own workers' compensation regulations. In Alabama, businesses with five or more employees are required to have coverage, and certain larger employers may self-insure. Generally injured workers receive about two-thirds of their income during the time they are recovering from injury.
Alabama law is somewhat unclear when addressing compensation entitlements in a natural disaster like a tornado, and Alabama courts have not specifically addressed the issue. It is possible that employees may be covered if their job puts them at increased risk of harm during a natural disaster, or if an employer refused to let them leave.
It is unfortunate that those injured in a natural disaster at work face a second challenge filing for workers' compensation.
]]>Sky Express, a North Carolina bus company, had received an unsatisfactory rating by the Federal Motor Carrier Safety Administration (FMCSA) in April. The company had an extensive record of safety violations. Although the FMCSA could have shut Sky Express down on May 28, the agency granted the bus operator an extension for 10 days. The FMCSA then checked for further violations, to make sure it had enough evidence to end the company's operations.
It was during those 10 days that a Sky Express bus was in a rollover accident in Virginia. The accident resulted in the death of four passengers and the injuries of many others.
The bus driver has been charged with reckless driving. It has been reported that he was sleep deprived.
]]> Action Being TakenTransportation Secretary Ray LaHood faulted the FMCSA for granting the extension. "On my watch, there will never be another extension granted to a carrier we believe is unsafe," LaHood stated. He plans to put forward a proposal that would allow the FMCSA to shut down bus operators without a more extensive review if they have excessive safety violations.
Federal lawmakers are also putting forward legislation aimed at improving bus safety. Hopefully such measures will make bus travel safer for the estimated 750 million passengers that travel by intercity bus annually.
If you have been injured in a bus accident due to driver recklessness or negligence contact an experienced attorney. A knowledgeable lawyer can evaluate potential claims and help you receive compensation for your suffering.
]]>Chapman Canopy Inc. manufactures and installs canopies for gas stations and convenience stores throughout the Southeast, and it is headquartered in Hueytown Alabama. As part of a regional initiative aimed at reducing fall hazards, OSHA began inspecting Chapman Canopy worksites in Pinson, Albertville and Tuscaloosa in November 2011.
OSHA inspectors found several fall hazards at the Pinson worksite where Chapman Canopy was installing a gas station canopy. Five repeat safety violations were cited, totaling $96,400 for:
OSHA discovered $24,420 worth of hazards at the Tuscaloosa worksite for one serious and three repeat safety violations, including:
Roberto Sanchez, OSHA's area director in Birmingham, emphasized that fall risks and other workplace safety hazards are serious concerns that must be corrected, stating that "Chapman Canopy's refusal to implement proper fall protections reflects a careless approach to workplace safety, leaving workers at risk of serious injury and possible death."
Source: $200,000 in Fines Issued to Alabama Firm for Fall Hazards
]]>According to the National Highway Traffic Safety Administration (NHTSA), every year crashes involving teenage drivers cause over 5,500 fatalities. Every day drivers ages 15 to 20 are in more than 15 motor vehicle accidents. These accidents injure not only teens, but also passengers, pedestrians and occupants in other vehicles.
The probability of experiencing a car accident is at a lifetime high during a person's first 6 to 12 months behind the wheel, or first 1,000 miles of driving. There are, however, several steps parents can take to minimize their teen's risk.
]]> The NSC provides the following tips:By bringing awareness to the issue of teen driving safety hopefully accidents involving teen drivers will decrease and the roads will be safer for all motorists.
Source: Promote Safe Teen Driving
]]>Safety of Alabama Roads
AARP also released statistics ranking the safety of Alabama cities for pedestrians and bicyclists. The safest cities were: Gadsden, Dothan, Anniston-Oxford and Auburn-Opelika. The most dangerous roads in the state for walkers and bikers were Mobile, Hoover, Huntsville and Montgomery. Statistics from the Washington D.C. based Surface Transportation Policy Partnership, indicated Mobile had the most pedestrian fatalities between 2007 and 2008 with 32.
Interestingly, the survey also showed that although Alabama has less roads in poor condition than the national average, the state still has a higher rate of pedestrian fatalities when compared nationally.
]]> Proposed LegislationThe AARP legislation package is named "Complete Streets" and is sponsored by representatives Joe Faust (R-Fairhope) and Harry Shiver (R- Bay Minette). The legislation would result in more streets with sidewalks, paved shoulders for cyclists, bus pull-outs and traffic light regulated pedestrian crossings. Nationally, almost half of the states have applied the complete streets concept to their roads.
Some of the benefits of "complete streets" that were put forward included: improving road safety, boosting public transportation, decreasing congestion and pollution, and encouraging healthy physical activities like walking and biking.
Source: AARP pushing legislation to reduce pedestrian bicyclist fatalities in Alabama cities
]]>"Motorcyclists take to the highways in large numbers every spring, and it's the responsibility of all road users to welcome us safely and attentively," explained Rob Dingman, President and CEO of the American Motorcyclist Association (AMA).
Tips for Motorists
Often drivers simply fail to see motorcyclists on the road. Motorists tend to be looking for other cars, and a motorcycle's smaller profile makes it harder to notice. By keeping in mind the following tips motorists can work to be more aware of motorcycles on the road and keep the roads safer for everyone:
]]>For motorcycle riders, the Motorcycle Safety Foundation (MSF) urges proper training and licensing, the right gear, no drinking and driving, following the rules of the road and taking periodic driving refresher courses.
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