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Report Finds Thousands of Unsafe Trucks on America's Highways

Fred Schultz — Fri, 28 Aug 2009 16:18:43 GMT

The American Association for Justice, or AAJ, recently released a report on trucking safety violations entitled “Warning! Safety Violation Ahead: Motor Carrier Companies Keep Unsafe Trucks on U.S. Roads.” AAJ analyzed a million lines of data on the safety performance of U.S. trucking companies which they obtained from the Federal Motor Carrier Safety Administration. The incredible results of this study found that over 28,000 trucking companies with safety violations, representing over 200,000 trucks, are currently operating in the U.S.

In an original analysis of data not previously available to the public, the American Associationfor Justice found commuters are sharing roads with trucks that have incurred thousands of safety violations, such as defective brakes, bald tires, loads that dangerously exceeded weight limits, and drivers with little or no training or drug and alcohol dependence.

These findings clearly demonstrate a need for more aggressive enforcement of safety regulations that govern the trucking industry. Trucks make up only 4% of the vehicles on the road, but account for 12% of the fatalities. Specifically, nearly 5,000 people die every year and another 80,000 are seriously injured in motor vehicle accidents involving semi tractor-trailers. According to the report, 147 people died in Indiana in 2007 as a result of being involved in a motor vehicle accident with a truck.

The report found certain violations that seemed to be common among the industry. The driving force behind the violations was to take short cuts on regulations designed to promote safety, but which ate into profit margins. Often, drivers would overload their trucks and not do proper routine maintenance in order to make more money and reduce their operating costs.

These violations include such practices as overloading trucks, allowing unqualified or untrained drivers on the road, failing to maintain tires and brakes, and compensations systems that encourage truck drivers to exceed speed limits and maximum driving hours.

The unfortunate result is that all of us are forced to use the same roads as these trucks. Hopefully, this report will spark more enforcement these regulations and punish those companies that refuse to act responsible manner.

Originally posted at InjuryBoard by Fred Schultz

Apartment Pool Drowning a Horrible Tragedy

Fred Schultz — Mon, 17 Aug 2009 11:55:50 GMT

It broke my heart to see that a 4 year old boy drowned in the pool at the Bachelor Heights apartment complex. I have a five year old son and simply cannot imagine, and don't want to even pretend to image, the pain his family is suffering.

Pools are a lot of fun in the summer, but they are also very dangerous. There is a good reason why homeowners insurance premiums can go sky-high when people have pools. As we all know, kids are curious, and the younger they are, the less they are able to appeciate danger.

A 4-year-old boy drowned Sunday in an apartment swimming pool just south of Bloomington.
The drowning happened at the Batchelor Heights pool, on West Gordon Pike, about 4:30 p.m., Monroe County coroner Nicole Meyer said.

Most apartments and hotels that have pools do not provide lifeguards, and often post signs that warn people. Many times the owners of the property think that this warning somehow eleviates them of any liability in the future. This is not the case, especially in a situation like this where you have a child that is incapable of appreciating the danger.

Property owners, whether commercial, apartment owners, or homeowners, who choose to have pools also have a duty under Indiana law to take reasonable steps to secure their property (including the pool) to make the premises safe. What is "reasonable" depends on the circumstances in each case.

Basically, the law recognizes that each situation may be a little different. What is "reasonable" for a homeowner to do may be different than what is "reasonable" for an apartment complex. It's not reasonable for a homeowner to have a lifeguard on duty, but it is reasonable to expect the homeowner to have a fence. Whether its reasonable to expect a commercial property to have a lifeguard or attendant also varies. For example, how often the pool is used, how many people have access to the pool, does the property charge admission to the pool, etc.

Much more needs to be known before anyone can assess blame in this situation, and the article in the paper references that the Sheriff's Department will be reviewing security camera footage. What is clear is that this a terribly sad story.

Originally posted at InjuryBoard by Fred Schultz

Pain Caused by Drunk Driver Never Goes Away

Fred Schultz — Fri, 07 Aug 2009 11:46:28 GMT

I was really moved by an article in today's paper. Larry Haywood is a victim of a drunk driver who killed his daughter and grandson twenty years ago. This week, he was speaking to a group of 250 people who were on probation for drunk driving, and who were required by the Court as part of their probation to attend Mr. Haywood's presentation.

Mr. Haywood told the room of people that on the night of the crash, his daughter and grandson stopped by so that his grandson could show off his new clothes and school supplies that he'd gotten for his first day of kindergarten. Tragically, they were both killed that night on their way home by a drunk driver who crossed the center line.

“He didn’t get to take that box of crayons to school...He didn’t get to ride that school bus...It don’t always happen to someone else,” Haywood told his captive audience, some with tears spilling down their faces. “My daughter only had four miles to go. Yesterday, 20 years ago, Tina and Eddie were killed. Today is the day we were making funeral arrangements.”

Maybe this article hit home with me because my son is starting kindergarten next week. Maybe it hit home because I've unfortunately represented so many clients who have either been seriously injured or lost a loved one because of a drunk driver. My guess is that it's probably a combination of both.

I applaud Mr. Haywood's courage. It takes a lot to be willing to stand up in front of other people and share such a painful part of his life. After all, every time he tells the story, he relives it. The wound is made fresh all over again.

However, I have no doubt that over the years he has helped many people make better choices with their lives. We can't know how many people he has saved from a similar fate, from suffering such a horrible and unnecessary loss. I'm sure, though, that there are people who leave his presentation and commit themselves to never drinking and driving again. As a result, our community is a little bit safer each time he courageously steps onto that stage and shares how his life was forever changed.

Thank you, Larry Haywood. Thank you.

Originally posted at InjuryBoard by Fred Schultz

Owen County Car Crash a Reminder of the need to Drive Safely

Fred Schultz — Mon, 20 Jul 2009 13:18:03 GMT

An early morning car crash in Owen County is a stark reminder of the need for all of us to be careful while driving. According to the Herald Times, two vehicles were involved in a collision where one of the vehicles was going too fast. One person was killed and another was life-lined to Indianapolis for urgent medical treatment.

The accident was reported at 2:57 a.m. at the intersection of Millgrove and Quincy roads, according to the Owen County Sheriff’s Office. When emergency personnel arrived on the scene, one car was found inverted off the road. Inside were two men still restrained in their seats.

The report did not indicate whether alcohol was a factor, or whether one of the driver's fell asleep at the wheel. Given the early morning hour of this crash, those are things that police officers will likely look into.

In 2008, over 34,000 people were killed on America's roads and highways as a result of motor vehicle collisions. That averages out to over 93 people who are killed every day in car crashes. While its unrealistic to think we can do away with all traffic accidents, there are some things we can do to improve the chances that we are not involved in a serious crash.

Simple reminders to not use excessive speed, wear your seatbelts, and never - ever drink and drive really do make a difference. We cannot control how someone else will drive, but we can control our own actions. Make sure that everything you do while behind the wheel puts safety first.

Originally posted at InjuryBoard by Fred Schultz

ATV Crash Reminder of Need for Safety

Fred Schultz — Thu, 09 Jul 2009 16:41:03 GMT

Southern Indiana is full of ATV's. I grew up in the country, and often drove one, myself, when I was younger. However, today's news that three 12 year old boys were injured while all riding on the same ATV is a sober reminder of how dangerous these vehicles can be.

According to the Greene County Sheriff’s Department, the 2002 Polaris Sportsman 400 was driven by Alec M. Johnson of Linton. He lost control while traveling east on County Road 400 South, between county roads 700 and 800 West. The ATV left the south edge of the gravel road in Washington Township and hit the pole. All three boys were thrown from the open vehicle.

Apparently, all three boys were riding on the same ATV, and none of them were wearing helmets. Two of them had to be flown to Methodist Hospital in Indianapolis for treatment of serious injuries.

I sincerely appreciate the draw that young boys feel towards ATV's. They can be incredibly fun. However, they are also very dangerous. ATV's can travel at a high rate of speed, are generally driven off-road over uneven terrain, and provide no more bodily protection than a motorcycle. Because of all this, it is very important to be properly trained on one before riding it.

A lot of information about ATV safety is available online. One site with good information is the ATV Safety Institute, or ASI. Parents and their children can register for online safety courses and download useful information about ATV safety. Also, the site has very good "food for thought" for parents to consider BEFORE allowing their children to ride ATVs.

Learning about ATV safety is important for the obvious reason that its best to avoid accidents and injuries before they happen. It's also important for parents to understand that they can be held legally responsible for harm caused to another person's child who is allowed to ride an ATV on their property. Parents assume a duty to properly supervise other people's children when they come over to their house. This includes a duty to properly supervise children if they ride ATV's. Claims can be made against the parents' homeowners insurance, farm policies, or against them personally if there is not is not enough insurance coverage.

I truly hope that the boys mentioned in the newspaper have a speedy recovery.

Originally posted at InjuryBoard by Fred Schultz

Why Does it Take Tragedy to Force a Change?

Fred Schultz — Tue, 30 Jun 2009 10:42:06 GMT

It took the death of a six-year-old boy, and a great-grandmother's determination to force long-overdue safety changes in three Greene County railroad crossings.

The boy's great-grandmother wrote a letter to the Indiana Department of Transportation after her great-grandson died while riding in a car with his parents. Their car came upon a railroad crossing that was very narrow, had no warning lights or cross-bucks, was elevated, and surrounded by trees. In addition, the railroad tracks had a bend in them just before the crossing, making it even more difficult to spot the oncoming train.

“I would like to state my plea for crossing signals to be installed at county roads 400 North and 500 North in Greene County, Indiana,” she wrote. “I will start by saying I am Theodora Harmon, the great-grandmother of Christopher Perez, who was killed Feb. 15 when the car he was riding in was hit by a train on 400 North.”

We often think of railroad crossings that have the cross-bucks that come down, the loud bell, and the lights that flash as the train approaches. Often, we can even see the train coming down the tracks for over a mile. However, there are hundreds of thousands of railroad crossings across America that have none of these features. To make things worse, the tracks are often hidden by trees, and the crossing is elevated three to five feet into the air making it even more difficult for drivers to see whether or not a train is coming. This unfortunate combination appears to be what lead to the tragedy that happened at this particular crossing.

Part of the problem with making needed safety changes at railroad crossings is the fact that they are a mish-mashed hybrid of private, local, state, and federal property. Usually, the railroad owns the property that the railroad track runs along. However, control of the crossings depends on whether it is a county road or state highway. Also, state and federal agencies have authority over railroad crossings because of their ability to regulate transportation and commerce. The railroads either won't - or can't - make the safety improvements at dangerous intersections, because changes to county or state roads fall under the jurisdiction of local goverment. Meanwhile, local and state governments feel limited in improvements they can make because of budget issues.

INDOT communications director Valerie Cockrum said the state agency looks at such crossings every year and uses a formula that measures the cost and benefit ratio of suggested improvements. “Safety, and accident history, are a great consideration in that,” she said. “And that was a big factor at those crossings in Greene County.”

According to INDOT, the State of Indiana is upgrading between 30 to 35 railroad crossings a year. That sounds good, except that when you consider that Indiana has over 6,000 railroad crossings, the fifth highest of any state in the U.S.

Ideally, every dangerous crossing in Indiana will be fixed immediately. Unfortunately, though, that's not going to happen. In the mean time, it is critically important for all of us to remember that even a train can be hidden by elevated crossings, bends in the railroad tracks, trees lining the tracks, and no warning signs.

If you want to contact someone at INDOT about a railroad crossing near you, start with:

Mike Riley, Manager
INDOT Rail Office
100 N. Senate Avenue, Rm N808
Indianapolis, IN 46204-2216

www.in.gov/indot

(The INDOT website did not give a phone number for this office).

In addition to INDOT, The Federal Railroad Aministration, or FRA, is part of the U.S. Department of Transportation and works to increase safety at dangerous crossings. The FRA has eight regional offices throughout the U.S. Part of their responsibility is to inspect dangerous railroad crossings.

If you believe there is a dangerous crossing near you, the FRA can be contacted at:

Federal Railroad Administration
RRS-13 Mail Stop 25
1200 New Jersey Avenue, SE
Washington, DC 20590
Phone: (202)493-6244
Fax: (202)493-6309

Originally posted at InjuryBoard by Fred Schultz

Medical Malpractice Verdict a Lesson in Real Aspects of "Tort Reform"

Fred Schultz — Thu, 18 Jun 2009 17:12:13 GMT

An Indianapolis jury recently awarded $5 million to a woman who was misdiagnosed in the emergency room. This case is illustrative of several things. First, any verdict over $1 million is very rare, which is why it makes the news in the first place. Believe it or not, juries do not just hand money out like that.

Second, Indiana's Medical Malpractice Act limits the amount of money an injured person can receive in a malpractice case to $1.25 million per act of malpractice. Therefore, even though this jury believed that the harm suffered by the injured person was worth $5 million, the award is automatically reduced by the judge after the fact. It's really unfortunate. Our system of justice allows juries to decide whether a criminal charged with murder should receive the death penalty, but we don't trust juries to award the appropriate amount of money in a civil case.

The third reason this case caught my attention is because the act of malpractice occurred in 2000, nearly nine years ago.

Roxxanna Smith, then 18, arrived at the emergency room in July 2000 with a ruptured diaphragm after playing softball. But through a series of miscommunications about what was shown by X-rays, her lawyers said, doctors instead diagnosed a urinary tract infection and muscle strain -- and sent Smith home.

Her condition deteriorating, she saw doctors several times over more than two weeks. Emergency surgery confirmed the correct diagnosis, court documents say, and resulted in the removal of a third of her stomach.

The reason malpractice cases like this can take so long is because Indiana's Medical Malpractice Act forces cases to undergo an enormously time consuming Medical Review Panel process. My experience has been that the panel review process adds at least two or three years to the normal lenghth of time it takes to resolve cases. Often times, it takes even longer than that to get a case through the panel process.

Essentially, what happens is that the lawyers in the case must submit medical records and depositions to a panel of three doctors with the same or similar specialties to those who are being sued for malpractice before ever formally sueing the defendant medical provider in court. As easy and reasonable as that might sound, it takes a very long time, and is extremely biased in favor of the defendant health care provider.

The panel process is biased for a very simple reason. We are all human, and we all have biases and opinions. We all have a tendency to want to help a friend or colleague. Health care professionals are no different. My experience has been that if a panel can find even a lame excuse to find in favor of the medical professional, they will. Don't get me wrong. I have good friends and family members who are physicians. I'm just saying that there is a basic human tendency to look the other way when being asked to judge a colleague's conduct.

Essentially, the real winners in the way the current system is set up are the insurance companies who write medical malpractice policies in Indiana. They are limited in the amount of coverage they have to provide, they can virtually ignore people who have been horribly injured or suffered the loss of a loved one because of malpractice, and the medical providers they insure face a medical review panel of their peers who often find ways to look the other way.

The real losers are not only plaintiffs in malpractice suits, but patients as well. Over 90,000 people every year die from preventable acts of malpractice. Instead of capping damages and making litigation egregiously difficult for those who are wrongly injured, we should focus efforts on reducing the number of acts of malpractice in America.

I would love to see changes made to indiana's Medical Malpractice Act. However, the only people who can make changes are the Indiana General Assembly. To learn more about Indiana's Medical Malpractice Act, and to contact your State Representative, go to www.in.gov.

Originally posted at InjuryBoard by Fred Schultz

Man Dies in Workplace Crane Accident

Fred Schultz — Fri, 12 Jun 2009 12:22:56 GMT

I was sorry to read about another workplace death involving a crane accident last week. According to the report, a worker fell over ninety feet to his death from a crane up in Gary.

A coroner says a Valparaiso man fell 90 feet from an overhead crane and died at U.S. Steel’s Gary Works.

The Lake County coroner’s office says 54-year-old Alexander Santoyo was pronounced dead of massive blunt force trauma about 4:30 p.m. Saturday.

Tragically, serious workplace injuries and deaths frequently occur, especially in factories or on construction sites. There are many rules and regulations that are supposed to be followed to help keep workplaces safe. These rules are put in place to try and protect people. Often, though, they go unheeded. The (Indiana Occupational, Safety & Health Administration) IOSHA is looking into this particular tragedy and will issue a report of their findings in the near future.

Workplace injuries are obviously very, very difficult not only for the injured worker, but their families as well. In addition to medical expenses and lost wages, there are also often serious readjustments that have to be made in life due to either the tragic loss of a spouse or parent, or learning how to deal with a severe injury. For example, when a father suffers a permanent back injury at his construction job, he has to learn a new skill or trade that does not require such demanding physical activity. This means that the family has to find a way to cope with lost income until the dad is able to either finds a new job or obtain disability benefits, while the dad also copes with dealing with the debilitating injury.

Worker's compensation benefits are often available to help ease the transition, but they usually don't cover the injured worker's full loss. However, depending on how the injury occurred, the person or their family can sometimes make what is called a third-party liability claim. For example, if a worker is injured on the job because an employee of a different company did something wrong, then the injured person can bring a claim against the other company's insurance, in addition to his own employer's worker's compensation benefits. Another example would be if a driver for a delivery company was in an auto accident while on the job, the delivery driver could receive worker's compensation benefits, but also bring a claim against the negligent driver's insurance.

Originally posted at InjuryBoard by Fred Schultz

"The roads are bad out there"

Fred Schultz — Thu, 05 Feb 2009 11:29:02 GMT

My wife is from the South, and always makes a big deal about snow on the roads. I must confess that I always quietly laugh at her idea of what makes for, "bad roads." As many of us do in the Midwest, we all think we know how to drive on snowy roads. Sometimes, we even get frusterated if we're behind someone that is creeping along on what we believe to be a fairly clear road in the winter.

However, the story I saw in the Herald Times on Thursday gave me great pause. Apparently, 34 vehicles were involved in a terrible wreck on I-69, including several semi tractor-trailers, and at least two people were killed.

The two people killed were in a truck involved in a 34-vehicle pileup about eight miles north of I-465, state police Sgt. Anthony Emery said. One person was hospitalized in critical condition and several others suffered less-severe injuries in that chain-reaction crash, which involved five semitrailers and a fire truck.

The article goes on to report that there were two other massive pileups along the same stretch of I-69. All told, over 70 vehicles were involved in the three separate incidents. The storm that caused these terrible pileups came on fairly suddenly during the day when a lot of people were traveling to or from work.

Indiana law does provide that a driver should reduce his or her speed in order to travel in a reasonably safe manner given the weather conditions that exist at the time. If someone fails to do so and an accident occurrs, then they can be found to be negligent and responsible for the accident. The Indiana State Police are, no doubt, conducting investigations into these collisions and will be interviewing numerous witnesses to see what triggered each of these pileups.

Before getting out on the roads, its very important to make sure that your vehicle maintenance is up to date. Check the tread on your tires and have someone look atyour brakes. Also, lets all remember to be careful and heed a word of caution from those whom we might otherwise dismiss. "The roads are bad out there."

Originally posted at InjuryBoard by Fred Schultz

Another Drunk Driving Accident Causes Injury

Fred Schultz — Mon, 26 Jan 2009 13:22:41 GMT

Unfortunately, another person in Monroe County was injured by a drunk driver last Friday evening. The accident occurred at the intersection of S.R. 45 and Elwren Road when the drunk driver was unable to stop his vehicle in time and proceeded into the intersection, causing a collision with another vehicle. The driver ofthe other vehicle was taken to Bloomington Hospital, while the drunk driver was taken to jail.

After medical staff reported the smell of alcohol on Harden, Monroe County Sheriff’s Deputy Randy Jacobs conducted field sobriety tests, Thomas said. Harden failed them and was brought to Monroe County Jail.
His blood alcohol content was 0.11, police said.

Many people fail to realize that they are not just endangering themselves, but other people as well, when they drink too much and try to drive home. Depending on the person's body weight, it often takes significantly less than one might expect to register 0.08 BAC, which is the legal limit.

Of course, people who are injured by drunk drivers are able to bring claims against the drunk driver and their insurance company for their medical expenses, lost wages and compensation for the injury itself, ofte called "pain & suffering." However, the injured party can also seek punitive damages from the drunk driver because Indiana law recognizes drunk driving as being a wilful, wanton and reckless act. Punitive damages are intended to punish the wrongdoer, not necessarily to compensate the victim. Therefore, punitive damages are generally not covered by insurance. Also, Indiana law holds that any amount of punitive damges received is divided between the victim and the State of Indiana.

Bottom line, if you drink too much, it is far cheaper to just call a cab or have a friend take you home. Unfortunately, not everyone understands this and people are still being hurt because of it.

Originally posted at InjuryBoard by Fred Schultz