Last January, Transportation Secretary Ray LaHood announced a ban on truckers texting while driving. At the time of the announcement, it was only a regulatory guideline and not yet an official FMCSA rule. That changed at the end of October when a final rule banning texting by truck drivers took permanent effect.
The final rule specifically targets texting, not just talking, as studies have shown it to impair attention far more and thus making it more likely to result in a serious injury accident. Studues show texting results in crash rate 23 times higher than focused, undistracted driving.
The ban comes at a time when text messaging has exploded as a means of communication. The total number of text messages sent last year was 22 times higher than it was just four years ago.
Sunday, December 12, 2010
Sunday, September 26, 2010
DEADLY HIGHWAY ACCIDENTS INVOLVING TRACTOR TRAILERS DOWN
The Missouri Department of Transportation (MoDOT) recently reported that deadly crashes involving semi trucks have decreased by almost half since 2005, from 173 to 88. MoDOT released a report about the decrease in fatal semi truck accidents in honor of National Truck Driver Appreciation Week, Sept. 19 through 25.
MoDOT cites several reasons for this decline. MoDOT itself deserves some credit for engineering efforts like visibility improvements and rumble stripes that keep drivers in their own lanes. Fatal crashes caused by lane departure fell by more than half in the period under study -- from 136 to 62. There was a particularly steep decline in fatal crashes caused by vehicles crossing the median of a divided highway and veering into oncoming traffic. Those crashes declined by 85 percent, from 20 to 3.
The bad economy has also reduced deadly accidents involving tractor trailers because both passenger cars and commercial trucks are traveling less. When accidents do occur, emergency response personnel are doing a better job of responding to them. MoDOT says emergency response time has improved in both Kansas City and St. Louis.
Tom Crawford, president of the Missouri Trucking Association, added that credit also belongs to professional truck drivers who practice defensive driving and pay attention. Keep up the good work drivers!
MoDOT cites several reasons for this decline. MoDOT itself deserves some credit for engineering efforts like visibility improvements and rumble stripes that keep drivers in their own lanes. Fatal crashes caused by lane departure fell by more than half in the period under study -- from 136 to 62. There was a particularly steep decline in fatal crashes caused by vehicles crossing the median of a divided highway and veering into oncoming traffic. Those crashes declined by 85 percent, from 20 to 3.
The bad economy has also reduced deadly accidents involving tractor trailers because both passenger cars and commercial trucks are traveling less. When accidents do occur, emergency response personnel are doing a better job of responding to them. MoDOT says emergency response time has improved in both Kansas City and St. Louis.
Tom Crawford, president of the Missouri Trucking Association, added that credit also belongs to professional truck drivers who practice defensive driving and pay attention. Keep up the good work drivers!
Saturday, August 28, 2010
TESTING TRUCKERS FOR SLEEP APNEA
The Federal Motor Carrier Safety Administration is engaged in ongoing talks focused on combating trucker health issues like sleep apnea, a major problem contributing to tractor trailer accidents.
Sleep apnea is a condition in which a narrowing or closure of the upper airway during sleep causes repeated sleep disturbances, and possible complete awakenings, leading to poor sleep quality and excessive daytime sleepiness.
This fatigue can lead to very serious truck accident injuries once the driver gets behind the wheel. Fatigue is a significant contributing factor in as many as one out of every seven tractor trailer crashes.
Sleep apnea is closely associated with being overweight. Truck drivers are particularly susceptible to being overweight because of the nature of their job. Trucking requires a driver to sit for eight hours or more each day with limited opportunities for exercise. As a result, as many as 40 percent of truck drivers are classified as significantly overweight.
Truck drivers receive medical exams every couple years, but it has never been required that they be tested for sleep apnea as part of the exam. That may change. The Medical Review Board of the FMCSA has recommended that CDL holders with a body mass index (BMI) of 30 or higher be tested for sleep apnea. A BMI of 30 or greater – 220 pounds for a 6-foot-tall person – puts people at risk for developing obesity-related medical conditions such as sleep apnea. Nearly a third of Americans are clinically obese.
Sleep apnea is a condition in which a narrowing or closure of the upper airway during sleep causes repeated sleep disturbances, and possible complete awakenings, leading to poor sleep quality and excessive daytime sleepiness.
This fatigue can lead to very serious truck accident injuries once the driver gets behind the wheel. Fatigue is a significant contributing factor in as many as one out of every seven tractor trailer crashes.
Sleep apnea is closely associated with being overweight. Truck drivers are particularly susceptible to being overweight because of the nature of their job. Trucking requires a driver to sit for eight hours or more each day with limited opportunities for exercise. As a result, as many as 40 percent of truck drivers are classified as significantly overweight.
Truck drivers receive medical exams every couple years, but it has never been required that they be tested for sleep apnea as part of the exam. That may change. The Medical Review Board of the FMCSA has recommended that CDL holders with a body mass index (BMI) of 30 or higher be tested for sleep apnea. A BMI of 30 or greater – 220 pounds for a 6-foot-tall person – puts people at risk for developing obesity-related medical conditions such as sleep apnea. Nearly a third of Americans are clinically obese.
Tuesday, August 24, 2010
I-49 BETWEEN JOPLIN AND KANSAS CITY
The Missouri Highways and Transportation Commission (MHTC) recently approved highway construction resulting in the upgrading of the U.S. 71 corridor between Kansas City and Joplin to interstate standards by the end of 2012. The upgraded interstate would have the designation I-49. The Missouri Department of Transportation believes the proposed improvements will “enhance[] economic opportunities and freight movement.”
The funds for this project were originally intended to be used for a four-lane bypass of Bella Vista, AR, creating an interstate from Joplin to Fort Smith, Ark. However, the Arkansas State Highway Commission has indicated that, due to funding shortfalls, it intends to construct a two-lane Bella Vista bypass in phases over six years. A two-lane bypass would not be compatible with interstate standards. For this reason, the MHTC shifted its priorities on U.S. 71.
“We need to capitalize on the opportunity to bring I-49 to Missouri between Kansas City and Joplin,” said Rudy Farber, MHTC Chairman, “but still work with Arkansas toward progress on the Bella Vista Bypass.”
Once improvements between Kansas City and Joplin are complete, any remaining funds will be used to begin construction of the Bella Vista Bypass in coordination with Arkansas.
The improvements to U.S. 71 between Kansas City and Joplin that are necessary to attain Interstate status include the construction of seven interchanges, four overpasses and one set of outer roads:
Cass County -- Two overpasses and one interchange
Bates County -- One interchange and one set of outer roads
Vernon County -- Five interchanges and one overpass
Barton County -- One overpass
For more information about the planned improvements see:
www.modot.mo.gov/southwest/I-49MapsandInformation.htm
The funds for this project were originally intended to be used for a four-lane bypass of Bella Vista, AR, creating an interstate from Joplin to Fort Smith, Ark. However, the Arkansas State Highway Commission has indicated that, due to funding shortfalls, it intends to construct a two-lane Bella Vista bypass in phases over six years. A two-lane bypass would not be compatible with interstate standards. For this reason, the MHTC shifted its priorities on U.S. 71.
“We need to capitalize on the opportunity to bring I-49 to Missouri between Kansas City and Joplin,” said Rudy Farber, MHTC Chairman, “but still work with Arkansas toward progress on the Bella Vista Bypass.”
Once improvements between Kansas City and Joplin are complete, any remaining funds will be used to begin construction of the Bella Vista Bypass in coordination with Arkansas.
The improvements to U.S. 71 between Kansas City and Joplin that are necessary to attain Interstate status include the construction of seven interchanges, four overpasses and one set of outer roads:
Cass County -- Two overpasses and one interchange
Bates County -- One interchange and one set of outer roads
Vernon County -- Five interchanges and one overpass
Barton County -- One overpass
For more information about the planned improvements see:
www.modot.mo.gov/southwest/I-49MapsandInformation.htm
Sunday, August 15, 2010
CONTINGENCY FEE ARRANGEMENTS PROTECT THOSE THAT HAVE BEEN INJURED
Large corporations and insurance companies have the resources to pay attorneys $250 to $500 per hour to defend claims brought by injured people. However, most injured people do not have the resources to pay an attorney such an hourly rate to recover the compensation they are owed. For this reason, BWS, and most other injury attorneys, will handle cases for injured people on a contingency fee basis. This means the attorney is paid only if he or she recovers compensation for the injured person. The attorney will be paid a percentage of the amount recovered. A contingency of 33% is customary. A 40% contingency percentage is sometimes used in more complex cases. If the attorney does not recover compensation for the injured person, the attorney does not get paid for the time spent on the case, which can be substantial.
While many accident victims understand that the attorneys’ fee is contingent on winning the case, most do not fully grasp the extent to which a contingency fee can insure full compensation for medical expenses and property damage or loss. Imagine you are involved in an accident. Your injuries prevent you from working, and your savings are insufficient to cover your exorbitant medical bills, let alone pay an attorney $250-$500 dollars an hour to represent you. The contingency-fee arrangement protects you, deferring legal expenses until you recover the compensation you are owed.
Additionally, a contingency fee ensures that your interests are aligned with your attorney’s interests. While an attorney working on an hourly basis gets paid whether or not his client wins the case, an injury attorney working on a contingency fee basis only gets paid if you win the case. An injury attorney working under a contingency fee is also motivated to maximize your recovery because the higher your recovery, the more the attorney gets paid.
Many critics of attorneys claim contingency fees cause frivolous lawsuits. The opposite is true. Personal injury lawsuits require much effort and expense. An injury attorney must hire experts to help build the case, which can cost the attorney $30,000 to $100,000 in some cases. Attorneys are not reimbursed for these expenses if they lose the case. It is not unusual for the attorney and staff to put more than 200 hours into a case. Too many lost cases can cause an attorney to go out of business. Consequently, smart injury attorney only take cases that have merit and are likely to lead to a favorable verdict if the case goes to trial.
While many accident victims understand that the attorneys’ fee is contingent on winning the case, most do not fully grasp the extent to which a contingency fee can insure full compensation for medical expenses and property damage or loss. Imagine you are involved in an accident. Your injuries prevent you from working, and your savings are insufficient to cover your exorbitant medical bills, let alone pay an attorney $250-$500 dollars an hour to represent you. The contingency-fee arrangement protects you, deferring legal expenses until you recover the compensation you are owed.
Additionally, a contingency fee ensures that your interests are aligned with your attorney’s interests. While an attorney working on an hourly basis gets paid whether or not his client wins the case, an injury attorney working on a contingency fee basis only gets paid if you win the case. An injury attorney working under a contingency fee is also motivated to maximize your recovery because the higher your recovery, the more the attorney gets paid.
Many critics of attorneys claim contingency fees cause frivolous lawsuits. The opposite is true. Personal injury lawsuits require much effort and expense. An injury attorney must hire experts to help build the case, which can cost the attorney $30,000 to $100,000 in some cases. Attorneys are not reimbursed for these expenses if they lose the case. It is not unusual for the attorney and staff to put more than 200 hours into a case. Too many lost cases can cause an attorney to go out of business. Consequently, smart injury attorney only take cases that have merit and are likely to lead to a favorable verdict if the case goes to trial.
Sunday, July 11, 2010
SECOND INJURY FUND INSOLVENCY
The Second Injury Fund provides much needed benefits to injured workers. The Fund provides benefits to workers that have a permanent disability or injury prior to their work related injury. For example, if an employee has an amputated right hand at the time he is hired, and later he suffers a work related injury that causes him to lose the use of his left hand, the worker would likely be permanently and totally disabled because he has lost the use of both hands. The employer is only responsible to pay benefits for loss of the left hand (a permanent partial disability). The Second Injury Fund is responsible for paying additional benefits to reflect the fact that the employee is actually permanently and totally disabled as a result of the pre-existing injury to the right hand.
The Fund is also responsible for paying medical bills of an injured employee when the employer fails to insure its workers’ compensation liability. Second Injury Fund also provides benefits to an injured employee with multiple jobs. If an employee is unable to work at a job as a result of an injury that occurred while working at another job, benefits may be claimed from the Second Injury Fund in connection with the job at which the employee was not injured.
The Second Injury Fund is funded by a surcharge applied to workers’ compensation insurance premiums paid by employers. The Missouri legislature has capped the amount of the surcharge paid by employers, which has caused the Second Injury Fund to be underfunded. Unless the Missouri legislature acts, in the near future, the Fund will become insolvent and unable to pay claims.
Fund insolvency is near. In 2009, the Missouri Attorney General's Office issued a memo to attorneys, saying "effective immediately, unless an offer has been previously accepted, all Second Injury Fund offers are withdrawn.” Missouri Attorney General Chris Koster said the decision was made because the solvency of the fund is "in question." According to Koster, current fund revenues will cover settlements it has already made, but that "new obligations upon the fund could potentially push the fund past solvency."
"Therefore, given information currently available, our office has determined it is in the best interests of existing claimants and the state that no new settlements be entered into until a greater understanding of the fund's solvency is reached and until further consultations with executive and legislative leaders are completed," he said in the statement.
As a result of its looming insolvency, the Fund is paying only amounts it is ordered to pay through the litigation process. Even these payments will soon be in jeopardy if the legislature does not act. Contact your local state legislator and encourage him or her to remove the cap on the premium surcharge so that the Second Injury Fund can continue to pay worthy claims.
The Fund is also responsible for paying medical bills of an injured employee when the employer fails to insure its workers’ compensation liability. Second Injury Fund also provides benefits to an injured employee with multiple jobs. If an employee is unable to work at a job as a result of an injury that occurred while working at another job, benefits may be claimed from the Second Injury Fund in connection with the job at which the employee was not injured.
The Second Injury Fund is funded by a surcharge applied to workers’ compensation insurance premiums paid by employers. The Missouri legislature has capped the amount of the surcharge paid by employers, which has caused the Second Injury Fund to be underfunded. Unless the Missouri legislature acts, in the near future, the Fund will become insolvent and unable to pay claims.
Fund insolvency is near. In 2009, the Missouri Attorney General's Office issued a memo to attorneys, saying "effective immediately, unless an offer has been previously accepted, all Second Injury Fund offers are withdrawn.” Missouri Attorney General Chris Koster said the decision was made because the solvency of the fund is "in question." According to Koster, current fund revenues will cover settlements it has already made, but that "new obligations upon the fund could potentially push the fund past solvency."
"Therefore, given information currently available, our office has determined it is in the best interests of existing claimants and the state that no new settlements be entered into until a greater understanding of the fund's solvency is reached and until further consultations with executive and legislative leaders are completed," he said in the statement.
As a result of its looming insolvency, the Fund is paying only amounts it is ordered to pay through the litigation process. Even these payments will soon be in jeopardy if the legislature does not act. Contact your local state legislator and encourage him or her to remove the cap on the premium surcharge so that the Second Injury Fund can continue to pay worthy claims.
SOCIAL MEDIA AND YOUR INJURY CLAIM
Your profiles, comments, and postings on social media websites and on-line forums can have a negative impact on your injury claim. Photos, status updates, and comments can defeat or devalue your injury claim if you do not use discretion when posting.
After an injury, the best advice is to avoid social media sites and on-line forums altogether. If you do, it is less likely that you will provide any information to insurance adjusters that will be used against you. An insurance adjuster's job is to pay you as little as possible for your injury claim. You do not want to help the insurance adjuster and damage your claim through your own comments and postings on social media sites and on-line forums.
Consider the following example. If you injure your back working, and, shortly afterwards, you post pictures online that show you riding a jet ski with the status update, "Great weekend spent on the jet ski," the insurance adjuster may find these postings and use them against you. The adjuster may argue that no injured person would be out riding a jet ski.
If you insist on using social media sites and on-line forums after your injury, here are a few rules to follow:
Check your Privacy Settings. Some social media sites, such as Facebook, will allow you to make your personal information and posts private. In Facebook this would mean that only community member on your friend lists will be able to view your status updates (You can go even further by creating friend lists with specific privacy policies applied to them). Be aware, however, that even the highest level of privacy settings may not prevent the insurance adjuster from obtaining posted photos and comments. The adjuster may seek information from your social media profiles during the discovery phase of the lawsuit. While this is still an open issue, some courts have allowed discovery of this information.
When uploading photos, be selective on which photos are appropriate. If possible, set up filters that only allow friends to see your photo albums. For Facebook users, make sure you set your options for tagged photos. You should select "Only Me" for people who can view your tagged photos.
Accept only friend requests from people you know. An insurance adjuster may send you a friend request in hopes of gaining access to your personal information.
Do not join groups with provocative names and/or discussions.
Keep your case private. Do not post any photos of your accident or give any information regarding your injury or your case.
Remember, an insurance adjuster will be searching for incriminating details about your personal life and your injury claim. Ideally, you should not use social media sites or on-line forums during your case. This will ensure that you do not post anything that will harm your case.
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