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.
]]>In the last forty years, O'Reilly Collins has repeatedly represented the families of victims of negligent flying in the Grand Canyon region and in Hawai'i. Both locations offer spectacular views but also have spectacular dangers for low flying. Downdrafts around volcanoes and canyons have claimed many lives. When mechanical failures occur, there is often no safe landing place.
The NTSB studied these accidents and this lead the FAA to adopt Special Regulations for these locations, but these are often ignored. O'Reilly Collins has been at the forefront of enforcing these regulations, even suing the FAA when it is necessary.
]]>Both complete and incomplete spinal cord injuries often result in loss of sensation and movement. If an individual suffers a complete injury to the spinal cord, the result is typically paralysis to the portion of the body that is below the injured area. This type of injury can cause the loss of voluntary motion, but it can also affect breathing, bowel and bladder control, the ability to regulate body temperature and blood pressure.
]]> An incomplete spinal cord injury is often described by an individual having the ability to perform some voluntary movement below the level of the injury, but the movement is not the same as prior to the accident.Spinal cord injuries have a strong impact both emotionally and physically on those who suffer them. Physically these types of injuries can result in shorter life spans and increased respiratory illnesses, and some studies have shown an increase in heart attacks. Even though the physical impact of these injuries is severe, the emotional impact can be devastating. Life after this type of injury changes dramatically for the individual, and many people suffer from depression following complete and incomplete spinal cord injuries.
Approximately 36 percent of spinal cord injuries are caused by automobile accidents. Rollovers, collisions, seat belt failure, tire tread separation and roof collapses are some of the more common types of auto accidents that can cause spinal cord injuries.
In addition, if the driver who caused the accident was negligent, he or she may be held liable for damages stemming from the spinal cord injury as well as emotional injuries of the victim; such damages may include medical bills and on-going care, lost wages and compensation for loss of or reduced earning capacity.
If you have been involved in a car accident and suffered spinal cord injury a result, speak to a personal injury attorney to learn more about your legal rights and options.
Source: What is Spinal Cord Injury?
]]>While the Boeing company has since instituted a voluntary, nonbinding safety recommendation that carriers inspect and lubricate the moving parts of their tail control systems, the FAA's action goes one step further, making inspections mandatory and violators subject to FAA and NTSB penalties.
]]> Why Is the FAA Recommending These Inspections?The NTSB engineering review and this FAA mandate were triggered by the investigation into the cause of the 2002 Alaska Airlines crash that killed 88 people. The crash was found to be the result of corrosion in the components of its tail-mounted horizontal stabilizer system. The investigation also revealed that the corrosion would have been found had regular maintenance inspections been performed on the jet; that is why the FAA has now taken the extreme step of ordering such inspections on 757s and similar aircraft still in use.
Source: Wall Street Journal, Regulators Want Tails Checked on Boeing 757s, Andy Pasztor, 10/24/11
]]>Nearly every state requires drivers to carry insurance, and penalties can be stiff for drivers caught without appropriate coverage. However, researches have noticed a correlation between the unemployment rate and the uninsured motorist rate. According to David Corum, the vice president of the Insurance Research Council, the rates "have tracked fairly closely."
Whether a driver is unable to afford insurance due to job loss or is unable to pay high premiums due to a poor driving record, the law still requires them to maintain coverage. Unfortunately, the cost of tracking and pursuing uninsured motorists is prohibitive to many law enforcement agencies that are often facing budget constraints, too. This means uninsured drivers often get away with driving without coverage until they are involved in an accident.
]]> Tragically, it is the injured person in a car accident caused by an uninsured motorist who suffers most. To protect themselves from the havoc uninsured motorists can cause, many people also carry uninsured/underinsured motorist (UM/UIM) coverage as part of their policy. This coverage pays for nonfinancial and financial losses such as the injuries caused by a driver with little to no coverage.Because uninsured/underinsured motorist protection is not required under every state's auto insurance laws, and some states require only a minimum amount, it is important to discuss needs and options with an insurance provider. Many companies allow policyholders to purchase uninsured motorist benefits beyond minimum amounts up to liability policy limits.
Following an accident caused by an uninsured or underinsured motorist, it is also important to consult with an experienced personal injury attorney. The injured party may have the right to additional reparation for losses. Further, the attorney will facilitate the insurance claims, allowing the victim to fully focus on recovering from injuries caused by the negligent, uninsured driver.
]]>The bills would require companies that rent recalled vehicles to ensure that the vehicles are repaired before consumers drive them.
A Fiery California Crash
The PT Cruiser was recalled in 2004 because of a flaw that could result in leaking steering wheel fluid - a flaw that could put drivers in serious danger. A Santa Cruz Enterprise Rent-A-Car, however, rented one PT Cruiser to four customers after that recall. The fourth customers were Raechel and Jacqueline Houck.
Four days after the sisters drove the car off the rental company's lot, they died in a fiery crash caused by the defect the rental company had not had repaired.
After years in court, the sisters' parents won their lawsuit against the car-rental company. Enterprise was ordered to pay $15 million.
]]> Legislation to Improve Safety of Rental CarsAn important consequence of this tragic episode is the push by the sisters' family and lawmakers to enact laws that specifically require car-rental companies to stop renting vehicles that were recalled for safety defects until they are repaired.
Senator Schumer's bill would also prohibit car-rental companies from selling recalled vehicles that have not been repaired. In addition, the National Highway Traffic Safety Administration (NHTSA) would conduct two studies: one to discover whether rental companies are selling off cars they know will soon be recalled, and another to see whether the rental companies have ordered cars that are missing key safety features.
Protecting California Drivers
It is extremely difficult for a consumer to know whether a car-rental company has observed a vehicle's recalls. Most consumers probably assume that the company will follow through when a vehicle is recalled because of a safety defect. While it may seem strange that no specific law requires this to happen, lawmakers and activists are working to close this gap.
]]>Properly inflated tires with a good amount of tread are able to grip the road through most any weather condition, from dry roads to roads drenched with rain, providing a safe ride. So, when tire tread wears down, tires are to be replaced. Tire maintenance is the key to a safe ride.
Due to differences between front-wheel and rear-wheel drive vehicles, tire balance, vehicle alignment, tire pressure, and other variables, a vehicle's four tires may wear differently. Because of this, tires should be rotated approximately every other oil change - about 5,000 to 7,500 miles - to help ensure that tires wear uniformly.
Most drivers, however, fail to rotate their tires this frequently, which usually leads to unequal wear between the front tires and the rear tires. Because most vehicles are front-wheel drive, the front two tires will wear-down more quickly than the rear tires. On a front-wheel drive vehicle the front tires are relied upon to provide the acceleration and, often, braking.
]]> When the front tires wear-out before the rear tires, replacing the front tires with newer tires makes sense; leaving the still-good tires on the rear of the vehicle. However, doing so could create a dangerous situation.A vehicle's front tires will hydroplane before the vehicles rear tires when the front tires have less tire tread (or are more worn) than the rear tires. When this happens the vehicle will understeer - when the wheel is turned, the car will continue tracking in a straight line and not turn. While unsettling for drivers, understeering is usually safely corrected by letting off the gas, slowing the vehicle. Very often, the driver is able to regain control and continue safely down the road at a slower speed.
The opposite condition - called oversteering - occurs when the rear tires (with less tread) begin to hydroplane before the front tires (with more tread). Oversteering, which is more difficult and more dangerous than understeering, will cause the vehicle to spin. A driver's natural instinct when the vehicle's rear end begins to spin is to let off of the gas to slow the vehicle. Releasing the gas during and oversteer, however, could only exacerbate the spin, making the vehicle more difficult to control.
The following safety tips will help keep the rubber on the road:
If you or a loved one is injured due to faulty tires or by a driver who fails to properly maintain his or her vehicle, speak with an experienced personal injury attorney to discuss your legal options.
Source: Is it dangerous to put 2 new tires on the front wheels only?
The eight-seat Cessna 421C aircraft had departed from the Creve Coeur Airport near St. Louis en route to the Destin-Fort Walton Beach Airport in the Florida panhandle. The crash occurred roughly two miles from the Demopolis, Alabama, airport after the plane malfunctioned. All seven people died in the plane crash, leaving behind the family's eldest daughter, who was not on board.
According to federal records, the 1978-built Cessna was registered to Advanced Integrated Technology Solutions, LLC in Niceville, Florida. The Federal Aviation Administration and the National Transportation Safety Board are investigating the accident, now listed as the deadliest U.S. plane crash this year.
]]> Similarly, five people were killed in March 2011 when their small twin-engine Beechcraft King Air plane crashed soon after takeoff from California's Long Beach Airport, then burst into flames. The pilot and four passengers died at the scene. Another passenger survived the crash with critical injuries.Just as with the Alabama crash, the California accident is still under investigation to determine the cause of the accident and to identify potential liability issues. If it is determined that a manufacturer's error made either of the planes unsafe, the manufacturer may be held responsible for the crash through a wrongful-death lawsuit. If the owner of the plane, like the company in Florida, is found to have improperly maintained the plane, the family members of the victims also may be able to make legal claims for compensation against the company.
Source: Family of 7 killed in deadliest US plane crash this year
]]>While Florida has consistently been ranked as the most dangerous state for pedestrians, California-another one of the nation's most populated states-is ranked 16th. From 2000 to 2009, nearly 7,000 pedestrians were killed on California's roads. Over 2,000 of those fatal accidents occurred in Los Angeles County alone.
]]> According to California's Department of Public Health (CDPH), approximately 19 percent of the state's traffic fatalities are pedestrian-related, which is significantly higher than the national average. Information from the Pedestrian Danger Index (PDI) reveals that minorities are at greater risk for being killed as compared to non-Hispanic whites. For the elderly, the risks are triple the national average, ranking California third in the nation for pedestrian fatalities of this group.Whether walking, hiking, standing, sitting, jogging, or running, pedestrians pose a unique challenge to roadway safety. With the absence of bumpers, horns, or high-tech sensors, pedestrians are at an increased risk for injuries when they attempt to share the roads with cars, trucks and buses.
While agencies such as the NHTSA promote pedestrian-safety programs through outreach, education, and law enforcement measures, California has undertaken its own steps to reduce pedestrian fatalities and injuries. Some cities have tackled the pedestrian peril issue through various means. Oakland, for example, has installed traffic lights and symbols which stall ongoing traffic for the safe crossing of pedestrians, and added hundreds of curb ramps with plans to add more to specific at-risk intersections. California's PedSafe program, spearheaded by the CDPH, offers support through webinars, resource materials and advocacy and research.
Despite law enforcement efforts and existing outreach programs, pedestrians are being killed or injured on California's streets and highways. Whether distracted driving, impaired driving or risky driving is to blame, proactive measures must be taken to deal with this continuing public safety problem.
Source: California is One of the Deadliest States for Pedestrians
]]>Under current law, if bodily injury results from a motor vehicle accident, the maximum liability of an underinsured motorist coverage provider is the policy limit minus any amounts paid to the insured by any party held liable for the injury. AB 1063 strikes the language allowing the insurer to reduce its policy obligations by deducting amounts paid to the policy holder from other sources.
]]> The bill also redefines "underinsured motor vehicle" as "an insured vehicle which has liability limits, or coverage available, less than the damages suffered by the injured person or persons." The current definition is "a vehicle that is insured for an amount that is less than the underinsured motorist limits carried on the vehicle of the injured party." In addition, the bill clarifies that underinsured motorist coverage can be applied before other sources of recovery have provided compensation.The author of the bill, Assemblyman Steven C. Bradford of Inglewood, told the committee that consumers are not getting the insurance coverage they paid for under existing law. Bradford notes that half of other states have similarly defined underinsured motorist coverage. One group that has supported the bill, the Consumer Attorneys of California (CAOC), argues that an insured's right to recovery under a purchased policy should not depend on the personal resources of the driver who hit them.
If the bill passes, motorists and passengers who suffer personal injury due to another party's negligence should be able to more quickly obtain the compensation they need for medical expenses and vehicle damage.
]]>In 2009, there were 3,745 injuries and deaths on San Francisco streets. Analysts believe that the city's topography may contribute to the high number of motor vehicle accidents. San Francisco is known for its hilly roads, street parking issues and abundant pedestrian traffic. The density of tourists and bicycle traffic further contribute to the likelihood of vehicular accidents. Many tourist venues such as Union Square and AT&T Park are home to high profile restaurants where bicycles and pedestrians outnumber vehicles.
]]> OTS figures show that in 2009, San Francisco saw 293 motorcycle accidents, 736 pedestrian accidents, and 522 bike accidents. While these numbers are slightly lower than 2008 numbers, they are still among the highest in the state.Aside from the scenic distractions, authorities point to the egregious disregard for traffic laws as a major contributor to traffic accidents. 634 people were arrested for driving under the influence of alcohol, and more than 500 accidents involved vehicles driving above the speed limit. Nightfall also is a major contributor, as more than 450 accidents occurred between 9:00 p.m. and 3:00 a.m., which is often prime time for drivers and pedestrians to be drinking.
The overriding element in San Francisco traffic accidents is the running of red lights. These violations have been a persistent problem despite several policy changes; including increased fines (now more than $350) and "red light" cameras that photograph cars that broach an intersection after a traffic light has turned red. With 1000 signaled intersections, it is estimated that 3.5 million red light violations occur each year in San Francisco.
With narrow roads, peculiar intersections and tremendous foot traffic, it is important to be vigilant whether you are riding a bike, driving a car or walking through the city. However, if you are hurt in an accident, you may be entitled to compensation for your injuries. An experienced personal injury lawyer can advise you of your rights and options.
]]>In conjunction with the Consumer Reports poll, the magazine has teamed up with the USDOT to educate parents and teachers about the hazards of failing to focus on the road with the new "Distracted Driving Shatters Lives" program. The program offers a series of steps that can be part of any family or class' distracted driving education regimen:
By following these tips, parents can try to increase safe driving behaviors in their teenage children and help to reduce the ever-increasing rate of car accidents and serious injuries attributed to distracted drivers.
]]>Many people don't understand how truly painful and life altering a back injury can be. In addition to controlling a person's mobility, these types of injuries also lead to other heath concerns and complications. The changes in a person's ability to complete daily tasks and "function normally" can have a drastic emotional impact as well.
]]> Types of Back InjuriesBack injuries can be caused by varying degrees of force in an accident, from twisting the back the wrong way to a forceful collision with a commercial truck. Injuries to the back can also vary in type and severity. Some common types of back injuries include:
Treatment for back injuries will differ, though most severe injuries will require surgery. Even with our advances in operative treatments, some injuries are permanent and will require lifelong medical and personal care.
Compensation for Your Back Injury
If a catastrophic back injury was caused by the negligence of another person, the injured party may be entitled to compensation for the damages he or she has suffered. Damages may include lost wages (present and future), medical bills, future healthcare costs, loss of quality and enjoyment of life, permanent disability and pain and suffering.
Damages will be determined by the court and will be based on the circumstances of the case and the extent of the injuries. If you or a loved one has suffered a catastrophic back injury, it is important to consult with a personal injury attorney to help you protect your rights and pursue compensation for the injuries you have suffered.
]]>The devices at issue are the Traffic Alert and Collision Avoidance Systems (TCAS), designed by Aviation Communication & Surveillance Systems LLC, a manufacturing unit of L-3 Communications Holdings Inc. The devices were intended to alert pilots of any nearby aircrafts and provide instructions on how to avoid a collision in case of an emergency. According to an L-3 Communications spokesperson, the company is aware of the issue with the devices and is working with the FAA to resolve the problem. The FAA has given the company four years to correct the safety issue.
]]> The Dangers of Midair CollisionsThere has been an increase in reported midair incidents in the past year. Due to the increase in dangerous near misses, the FAA is conducting a review of air traffic controller procedures, rate of errors and what safety measures are in place. In conducting this review, the FAA will be focusing on reasons for the spike in near-collision incidents, such as plot mistakes, air traffic controller errors and collision-warning technology. The FAA will also be looking for areas in the United States with a higher than average rate of aircraft warnings; currently, Southern California has a higher rate of midair warnings, based on recent Federal Aviation data. The FAA will continue to explore the reasons for the increased warning rates and develop new safeguards to help reduce the risks of aircraft collisions.
]]>The Bureau of Labor Statistics notes that the construction industry experienced over 135,000 injuries in 2007. Nearly 1,200 of those injuries resulted in a fatality. Common types of construction accidents include:
Crush injuries are not only painful, but can have serious medical consequences. According to the National Institutes of Health, conditions like rhabdomyolysis can be a common result of crush injuries. When skeletal muscle is damaged, a protein called myoglobin is released into the bloodstream. In large amounts, the protein cannot be filtered out quickly enough through the kidney. These proteins, which break down into harmful components, can damage the kidney and lead to kidney failure. Rhabdomyolysis is a serious condition and can lead to death in some cases.
After an injury, it can be difficult to determine who was responsible. While there may be times when the employer is responsible for the injury, there can be situations in which a third-party is to blame for the accident. If you have experienced even a minor foot crush injury or other type of construction accident, it is important to contact an experienced attorney to discuss your options. You may be entitled to lost wages and other forms of compensation for your injury.
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