After all, even most of the major rental car companies support legislation to give the government safety regulators authority over how renal companies deal with recalls due to auto defects.
Consumer advocates have become concerned, however, that loopholes in the proposed legislation would let firms rent or sell vehicles that have the subject of a safety recall - even if those firms have failed to get the defective vehicles fixed.
One of the major rental firms, Enterprise, has come under strong pressure from an Internet campaign by consumers to support safety legislation. Enterprise, which owns the National and Alamo chains, had previously claimed that no legislation was needed.
The company changed its tune, however, after over 160,000 signed an online petition urging support of a bill to prohibit the sale or rental of vehicles with defects.
The organizer for the protest was Carol Houck, the mother of two California women who lost their lives in the crash of an Enterprise rental vehicle. Two years ago, a jury found that the vehicle had been rented to the two women despite a leak of power steering fluid that went unrepaired by Enterprise.
]]> The jury set the damages for the Houck family at $15 million.Not all recall cases are as egregious as the one involving the Houcks. But the total number of recalls nationally every year is surprisingly large. Last year, it was 15.5 million.
The proposed federal legislation would clarify the authority of the National Highway Traffic Safety Administration to regulate the duties of rental car companies when a vehicle is recalled.
Source: "Enterprise criticized for stance on rental car safety bill," Chicago Tribune, Bill Lambrecht (St. Louis Post-Dispatch), 5-4-12
]]>California truck accident attorneys and many other safety advocates support the EOBR effort.
The trucking industry has resisted the EOBR requirement, however, claiming that is invasion of truck drivers' privacy. The Owner Operator Independent Drivers' Association (OOIDA) challenged the requirement in court and won a preliminary ruling.
The Federal Motor Carrier Safety Administration (FMCSA) is currently working on redrafting the rule so that there will be greater protections for drivers' privacy.
FMCSA is holding "listening sessions" this spring to allow truck drivers and others in the trucking industry to express their views about EOBRs.
Many trucking officials have said that the electronic recorders can be an effective management tool. Trucking companies that are ethical and responsible can use them to monitor trucker hours and respect when the EOBR shows that a driver is out of hours for a given time period.
]]> But companies that are not so responsible may be tempted to use the new EOBR as a tactics to harass drivers. This could include constantly calling them with reminders about the load, even when they are in a sleeper berth.Clearly FMCSA needs to get the EOBR right, so that it helps make drivers operate more safely. The old paper logbooks had plenty of problems. An electronic system must include protections, though, so that drivers are not the subject of harassment.
Shippers and others should not use the EOBR connectivity as an excuse for driver harassment, trying to put pressure on drivers to violate speed and hours-of-service limits.
Source: "EOBR listening session: Fed Panel gets an earful on harassment," Sandi Soendker, LandLine, 4-27-12
]]>Pilot errors due to excessive tiredness can occur on any type of flight. That's why many cargo pilots believe that the new federal rules on rest for pilots on passenger flights should be extended to cargo flights.
A member of Congress, Rep. Chip Cravaack of Minnesota, has introduced a bell in the House to force federal safety regulators to apply the same pilot fatigue rules to cargo pilots as to passenger pilots. Cravaack is a former cargo pilot and says there is a need for a single safety standard. Pilots groups tend to agree.
Starting in January 2014, federal rules will limit flying by passenger pilots to eight or nine hours, depending on the time the flight started. There will also be 10-hour minimum rest periods, allowing for eight uninterrupted hours of sleep.
]]> Federal regulators have so far concluded, however, that the costs of putting the new pilot fatigue rules in place aren't justified for cargo flights. Cargo accidents are not frequent, and the cost to the airlines would be substantial.For passenger pilots, the Federal Aviation Administration estimates that it will cost about $300 million a year to comply with the new pilot fatigue rules. The airlines say it will be more.
But what about the costs of a wrongful death or serious injuries suffered in an aviation accident? Those costs, too, should be considered in deciding rules on pilot fatigue.
Source: "FAA urged to adopt fatigue rules for cargo pilots," USA Today, 4-18-12
]]>Brain injuries are very challenging in that respect. And research is increasingly showing just how extensive those challenges are when head damage is involved.
In a research study published last month, scientists examined the effect of TBI on an injured person's ability to make complex decisions. The team of researchers from the University of Alabama - Birmingham examined 86 patients with traumatic brain injury.
The researchers divided the patients into three groups, based on the degree of brain injury. One group was categorized as suffering mild impairment. The other two groups were complicated mild and moderate / severe. There were also 40 healthy people in a control group.
The research team tested each group on medical decision-making capacity using a standard measure. The measure contained components that reflected the elements needed for a patient to consent to treatment, including expression of choice, reasonableness of choice and appreciation of potential risks and benefits.
]]> Based on this measure, the researchers found a clear difference between patients whose TBI was classified as mild and those who injuries were more severe. In fact, a month after the injury, the capacity for sound medical decision-making was largely intact for the mid TBI group.For patients in the other two groups, however, the ability to make medical decisions was still significantly impaired after one month.
Would capacity return for those two groups after a longer period of time? Doctors who treat these patients with complicated, severe or even moderate TBI need to make careful assessments of those patients capacity for making medical decisions.
Source: "Head Injuries Often Impair Medical Decision-Making Skills," Science Daily, 4-11-12
]]>California aviation accident attorneys have come to expect this. The National Transportation Safety Board moves at its own pace to perform a thorough investigation.
As a case in point on the timing of NTSB investigations, consider the fatal collision between two planes last month near Longmont, Colorado, about 30 miles from downtown Denver. The fatal crash occurred on May 23, when two planes collided in clear sides near the Longmont airport.
Both people in one of the planes were killed. One was a 30-year-old instructor pilot. The other was a 64-year-old student pilot. The plane was a single-engine Cessna.
The pilot of the other plane survived. She was 72 years old and also flying a single-engine Cessna.
The plane whose pilots died came down near two homes in a Longmont neighborhood. A person who saw it described the crumpled plane as "like a smashed beer can."
The NTSB did not take long to issue a preliminary report on the crash. This preliminary report outlined the basic events. But it did not express any opinions on the likely causes of the crash.
]]> Federal investigators may very well have theories regarding whether pilot error, product defects, or other possible issues caused the accident. But it is likely to be months before the NTSB issues its final report.This is not unusual. Experience has shown that the interval between a preliminary report and a final one can be considerable.
Source: "Pilot in crash didn't see other plane," Dan Elliott, Associated Press/MSNCB, 4-3-12
]]>An aviation accident can result, however, if there is a breakdown in safety anywhere along the line of responsibility.
Peter Goelz, a former top official at the National Transportation Safety Board, put it very well. "Everybody's got a responsibility for safety," said the former managing director of the NTSB.
Goelz made this statement in the context of an initiative called cockpit resource management, also known as CRM. He was referring to a recent incident in which a JetBlue co-pilot locked the pilot out of the cockpit after the pilot began acting erratically.
Traditionally, the airline industry was very hierarchical, with the lead pilot at the top of the pyramid. Increasingly, however, the industry is realizing that safety requires a common commitment among everyone involved with a flight.
]]> This is similar, in many ways, to the way the healthcare industry is working to foster a team approach to promote patient safety. Like pilots, doctors remain important. But to prevent accidents and mistakes effectively, the lines of communication have to be kept open.To put it another way, preventing a plane crash requires a lot of work behind the scenes. "Safety is a nonevent which gives you the impression that it doesn't require active effort," says Bill Voss of the Flight Safety Foundation. "But it does."
The airline industry needs to continue to make that effort and improve wherever possible.
Source: "U.S. airlines: Safer than ever?," Thom Patterson, CNN, 4-4-12
]]>When it comes to concussions and other catastrophic injuries to the head, teenagers are no more resilient than adults. According to a recent study that tested the thinking of teenagers after concussions, the brains of teenagers are just as susceptible to brain injuries as adults and perhaps more so.
The study, conducted by the University of Montreal, looked at the influence brain injuries had on three different age groups: children, teens and adults. All age groups demonstrated issues with working memory after sport concussions but researchers were surprised by the findings about teenagers because of long-held beliefs. The brains of teenagers were found to be affected six to eight months after injury. Particularly, the working memory of teenagers was found to be affected.
]]> The working memory is used for problem solving, organizing information and reading and is located in the prefrontal cortex which is in the front portion of the brain. Researchers believe that since the brains of adolescences are still maturing, teenage brains are more vulnerable to concussions than the brains of adults.The study also found that when people recovering from concussions perform well on neuropsychological tests to measure brain performance, the brains of those injured work in a different way than the brains would have before injury. The brains of those who suffered concussions worked harder to complete tasks than they otherwise would.
Source: NPR.org, "Teens Fare Worst After Concussions," Nancy Shute, Feb. 29, 2012
]]>The tipping point may have arrived, when it comes to commercial airliners.
Airplane design defects are usually thought of as very specific flaws. But what about the design and installation of so many gadgets on planes that a counterproductive point of "automation dependency" impacts pilots' ability to fly safely.
To be sure, automated tools and systems help pilots do many things in the cockpit. In a sense, it's almost like having a third pilot. Auto-pilot controls can also enable planes to achieve greater fuel efficiency, by staying at a constant speed.
Experts are increasingly concerned, however, that automation has advanced so far that is has made pilots overly dependent on auto-pilot and other technical tools.
After all, technology is not infallible. In fact, it can often provide false information to pilots and discourage the use of human judgment. In a number of foreign countries, airlines have revised their pilot training in order to strengthen manual flying skills.
]]> In the U.S., this has not yet occurred. But federal officials are looking into the issue. The U.S. Senate Aviation Subcommittee held a hearing this week to assess how much progress has been made since Congress tightened pilot training standards in 2010.The new standards were put in place following a February 2009 crash near Buffalo that killed 50 people. The crash was determined to be caused by pilot error.
Source: "Some fear planes have become too automated," Jon Hilkevich, stltoday, 3-19-12
]]>What isn't as well known is that fatigue is also a major problem for pilots. Pilot errors take many forms, but many of them are due to not getting enough sleep.
A new survey by the National Sleep Foundation contained some startling statistics. In the survey, one of every four pilots admitted that lack of sleep affected their performance on the job at least once a week.
Train operators reported a comparable percentage.
People who lack sleep take longer to react, have diminished attention to their surroundings, and have difficulties with processing information. These are all significant problems for transportation workers, who must be able to respond safely to the conditions around them - no matter what type of vehicle they are operating.
When a pilot doesn't get enough sleep, an aviation accident becomes more likely. The same is true for truck drivers, train operators, and so on.
]]> One reason fatigue is so common among transportation workers is that their schedules are so variable. Among pilots in the survey, only 6 percent of them worked the same schedule every day. Pilots try to compensate with naps, but that is not enough to make up fully for the lack of restful sleep at night.The shifts also tend to be long in the transportation industry. For pilots, the average is 10.4 hours. This is nearly two hours more than for non-transportation workers.
Source: "One in Five Pilots Report a Serious Error Related to Sleepiness," Andrea Petersen, The Wall Street Journal, 3-5-12
]]>Recently announced federal findings about a Missouri helicopter accident therefore have implications for California helicopter crash cases, as well as others around the country.
The Missouri accident happened on October 15, 2010. A highway patrol helicopter crashed in a residential neighborhood in Clarkson Valley, Mo., west of St. Louis. The 47-year-old pilot, a sergeant in the state patrol, was killed.
Last week, the National Transportation Safety Board released a report finding that there had been "inadequate preflight planning and decisionmaking" involved in the crash. The pilot had run out of the fuel in the Bell 260B JetRanger, resulting in a loss of engine power.
The helicopter had been conducting speed enforcement prior to the accident.
A witness told the NTSB that the helicopter's engine sputtered and stopped prior to its descent.
]]> The investigation revealed several health conditions that the pilot should have reported on his application to the Federal Aviation Administration for an airman's medical certificate. These conditions included a history of depression, as well as anxiety and sleep apnea.The pilot had been taking an anti-anxiety medication and also an antidepressant.
The Missouri Highway Patrol made significant operational changes for helicopters and other aircraft after the accident. Ongoing training is more frequent, and greater fuel reserves are required.
Source: "NTSB: Highway Patrol helicopter crashed after running out of fuel," Ken Leiser, St. Louis Post-Dispatch, 3-9-12
]]>The technology of propeller-driven engines has changed considerably in the last several decades. Some of the new fuel-efficient "open rotor" jet engines are not covered by a conventional turbofan's nacelle - the tube-like jet housing - but instead are exposed to the air. Unlike their conventional prop cousins, their open rotor blades are mounted on the rear, not the front, of the engine.
]]> Even traditional turboprop planes are making a comeback. With these aircraft, the explanation is simple: the price of oil. Planes powered by jets are faster, but for flights of less than around 500 nautical miles, the shorter time spent in the air is insignificant compared with the fuel savings to be made by flying a slower turboprop.And the fuel savings derived from the new turboprops are considerable: a flight between Los Angeles and San Francisco on a 50-seat regional jet consumes 925 gallons of fuel and a 140-seat narrow body uses 1,083 gallons. A 72-seat turboprops burns only 297 gallons. (Source: Berkeley Transportation Letter.)
There are a number of safety considerations that remain with these new turboprop aircraft. Open rotor jet engine aircraft would require additional protective material built into the fuselage to ensure it would not be catastrophically breached in the event of a flung blade, which besides imperiling passengers could potentially sever cables and hydraulic lines.
Additional concerns also exist with de-icing issues. Turboprop planes can be smaller fly slower, and fly lower than non-prop planes, and any one of these characteristics can subject them to the peril of ice on the wings. Some have attributed the crash of Continental Connection Flight 3407 in February 2009 to icing issues. That aircraft, a Bombardier Dash 8 Q400 operated by Colgan Air between Newark Liberty International Airport and Buffalo, was less than one year old and had flown for only about 1,500 hours.
]]>With so many people affected, scientists are seeking better ways to diagnose and treat brain injuries. One new way that appears to hold promise involves use of a drug called Amantadine.
Amantadine was originally developed as a flu medicine. But according to a recent research study, it may help with recovery from severe brain injuries
The study was published on March 1 in the New England Journal of Medicine. It focused on a group of 184 patients who had suffered severe brain damage in car accidents or falls. All of the patients had been injured within the previous one to four months.
Approximately one-third were so badly hurt that they were unconscious most of the time, and so essentially in a vegetative state. The other patients were only minimally conscious.
Researchers randomly assigned patients to receive either amantadine or a placebo for a total of four weeks.
]]> Both groups improved in their ability to answer basic questions and accomplish simple tasks like using a spoon. This is not surprising, because the brain often shows a significant capacity to repair itself in the first few months after an injury.The researchers found, however, that the rate of recovery was more rapid in the group that received amantadine. When the four-week study period ended, and the administration of amantadine was removed, the degree of recovery among the two groups soon leveled off so that it was substantially the same.
Though limited in scope, the results of this amantadine study could lead to more effective treatment of brain injuries in the future.
Source: "Flu drug Amantadine may boost recovery from severe brain injuries," CBS News, 3-1-12
]]>Today, doctors are starting to reset their own expectations. Though there is still no cure, a number of promising therapies hold out for hope for a person with a spinal injury.
Many of these therapies, such as those involving stem cells or electrical stimulation, are still experimental. But the single biggest change in the treatment of spinal injuries is not anything fancy. It is simply to focus on exercise therapy.
Such exercise, doctors now realize, can help coax muscles that have become dormant to send signals to the brain - and to the spinal cord about the need to repair itself. Tools and techniques like body weight support and treadmills can play a key role in this.
]]> In the past, exercise therapy was often reserved for patients who could already perform such tasks as pulling themselves up on parallel bars. But attitudes toward rehabilitation started to change when the actor Christopher Reeve challenged doctors to pay more attention to exercises that can aid potential recovery.Reeve's spinal cord injury occurred in 1995. Five years later, however, through diligent exercise, he surprised doctors by regaining a range of motion in one of his hands.
Inspired by his example, and by improvements in treatment techniques, spinal cord patients are rightfully finding more reasons to hope than ever before.
Source: "No cure for spine injuries - but hope," Star Tribune, 2-27-12
]]>The average blow from a football tackle registers approximately 40 G's. A "G" is the measurement of gravitational force that an object sustains when struck. Recently, a high school football player was participating in a game and was struck with the force of 289 G's. After the hit, the player exhibited none of the typical outward signs most people look for following a brain injury like dizziness and slurred speech, and was not diagnosed with a concussion.
]]> There's a growing concern over the long-term effect of these hits on young athletes. California law now requires that school officials bench any player that is suspected of suffering a brain injury. These students must be cleared by a medical professional before returning to the game.Researchers have recently tied the incidence of concussions to the development of Alzheimer's later in life. Brain scans performed by the Purdue University team showed that the brains of these young athletes showed a lot of similarity with the brains of a person over 60-years-old diagnosed with Alzheimer's.
Many believe that the solution is to ensure that all players wear helmets. Helmets are designed to protect the skull but are less capable of preventing the sloshing of the brain that occurs during a contact sport like football. According to a Purdue University study, the jarring or sloshing of the brain causes damage that may not be immediately detectable by coaching staff or trainers. The long-term effects of these injuries are not yet known.
One way to help protect football players is to require high school football programs to have a certified athletic trainer to protect the students. Currently, California does not require all athletic trainers to be certified. But a recent bill introduced into the Legislature would make certification mandatory. Another pending bill would require training in recognizing the symptoms of a concussion for all football coaches.
Source: Education Week, "CNN documentary examines concussion syndrome in high school football," Bryan Toporek, 1/30/12.
]]>Jamal Lewis, Dorsey Levens, Fulton Keykendall and Ryan Stewart filed a lawsuit against the National Football League (NFL) in the U.S. District Court in Atlanta. The players allege that brain injuries suffered from concussions on the gridiron left them with medical problems that could have been avoided had the league been forthright about the dangers of concussions. They also say that the NFL knew more than 90 years ago about the potential harm concussions could cause a player, but said nothing.
"The NFL has done everything in its power to hide the issue and mislead players concerning the risks associated with concussions," the players stated in the lawsuit.
]]> Court documents also state that it wasn't until 2010 that the league publically provided information about the dangers of concussions. By then, it was too late for many players who had suffered multiple concussions during their careers. In some instances, the players returned to the field just minutes after sustaining a damaging blow.Ben Utecht, former tight end of the Indianapolis Colts, says he suffered at least five concussions during his football career, two while playing college ball at the University of Minnesota and three while playing professionally for the Colts. He said that he now experiences memory gaps and wonders if the onset of early dementia might be in his future.
Kevin Guskiewicz, a concussion researcher at the University of North Carolina, says players who suffer three or more sports-related concussions have an increased risk of developing memory loss as early as age 30 and most other players probably by the time they are 50 or 60. If known at the time, Utecht said he almost certainly would have considered retiring from the game earlier in his career.
"A concussion is not like a shoulder injury or a knee injury," Utecht was quoted as saying on usatoday.com. "Those are things that heal. This is your personality, your character, your soul."
Source: Associated Press, "Ex-Players Blame NFL for Brain Injuries," 12/22/2011.
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