Personal Injury

NTSB Says Dangerous Flaw Found in Transport Tanker

September 20, 2012 | AS Personal Injury Lawyers

According to recent reports, for at least the last 20 years, one of the most commonly used types of rail tankers has been allowed to transport hazardous materials across the country, this despite the fact that transportation officials knew of a dangerous design defect. The design flaw all but guarantees that the rail car will tear apart in the event of an accident, thus spilling cargo that could catch fire, explode or harm surrounding residents.

One reason the issue has become more pressing is recent spike in accidents due to the greatly increased demand for ethanol, a highly flammable fuel typically transported by rail. One recent derailment triggered a massive chemical spill and explosion over the summer in Columbus, Ohio. One eyewitness said the resulting explosion was so intense that it looked like the sun had blown up.

The tanker, known as the DOT-111, has a soda-can shape and is one of the most commonly seen cars on rail freight routes. Though the car itself is not the cause of derailments, the National Transportation Safety Board (NTSB) notes that the steel shell is too thin to resist puncture in accidents. Furthermore, the ends of the car are especially vulnerable to tears and the unloading valves and other fittings can break off during rollovers.

The flaws are sadly, nothing new and have been noted since as far back as a 1991 safety study. Tragically, the potential for things to go wrong has also not been newly discovered. A report found that ethanol tankers have been punctured in at least 40 serious accidents since 2000. The human toll is also very real given that accident reports indicate that since 1996 at least two people have been killed by explosions from railroad accidents and dozens more suffered injuries.

The example of how things can go terribly wrong became a reality in 2009 in Rockford, Illinois. A Canadian National freight train moved through town carrying more than 2 million gallons of ethanol. The crew was unaware that just ahead, rain had washed away a portion of the track. When the tankers rolled over the damaged track, the engineers could tell the train was going to derail.

The cars began falling from the tracks and flying into the air one by one. A driver parked at a nearby railroad crossing sat helpless as the waves of explosions washed over him and his family. One of several cars parked at the crossing belonged to Jose Tellez whose wife, Zoila, was killed. A witness reported seeing Zoila run from the family van in flames before dying. Jose suffered severe burns while his adult daughter, who was five months pregnant, lost the baby she was carrying at the time.

In addition to the fatality, 11 people were injured in the derailment, making it the nation’s single worst ethanol tanker accident. Nineteen of the 114 cars derailed. Thirteen released ethanol and caught fire. In the final accident report, the NTSB listed the “inadequate design” of the tanker cars as a factor contributing to the severity of the accident.

It is incidents like the one in Illinois that have some communities worried about the potential dangers associated with the continued presence of the flawed tankers on America’s railways. According to recent reports, the railroad industry has so far agreed to change all cars built after October 2011 to a safer design. The improvements will mean thicker shells and shields on the ends of the tanks designed to prevent punctures. While this is certainly goods news, the 30,000 to 45,000 existing tankers that will remain unchanged present real concerns to innocent Americans in the path of the railroads.

Truck Fire and Five Car Crash Leads to Injuries and Terrible Charlotte Morning Commute

September 18, 2012 | AS Personal Injury Lawyers

According to WCNC, commuters in Charlotte, NC had a rough morning as a major truck fire on Interstate 77 and a multi-vehicle accident on Interstate 85 caused major delays for the early commute.
The television station reported that a truck caught fire on I-77 north near Nations Ford Road which briefly blocked all lanes and caused major delays. Emergency crews quickly put the fire out and thankfully no one suffered injuries.
However, a multi-vehicle accident across town on I-85 near Gastonia reportedly left some of the drivers with injuries. Traffic was backed up for miles past the accident scene near the Cox Road interchange. Given how recent the accident was the North Carolina Highway Patrol has not yet specified what injuries occurred as a result of the wreck.

The Dangers of “Drugged” Driving in Charlotte, NC

September 11, 2012 | AS Personal Injury Lawyers

Though everyone knows about the danger and irresponsibility of getting behind the wheel after drinking, few people talk about the similar risks associated with drugged driving. It’s about time that changes given the increasing occurrence of medication-related wrecks on North Carolina roadways.

One recent example includes a Fayetteville, NC man who is now in jail on drug charges after a car crash involving a Bladen County Sheriff’s deputy. The Sheriff’s Office says a deputy stopped Darnell James Callwood, 27, last month after Callwood allegedly failed to stop for a stop sign just after midnight and ended up crashing into the deputy. During a search of the car, the officer found 38 packaged plastic bags of marijuana and several bags of cocaine.

According to the National Institutes of Health, the problem of impaired driving is not limited to alcohol. Driving under the influence of prescription drugs raises many of the same concerns given that powerful medication can act on the brain to impair a person’s motor skills, reaction time and judgment. Drugged driving is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.

According to the National Highway Traffic Safety Administration’s (NHTSA) 2007 National Roadside Survey, more than 16% of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter medications while more than 11% tested positive for illicit drugs. Another NHTSA study found that in 2009, among fatally injured drivers, 18% tested positive for at least one, a number that marked a 13% increase from 2005. These results indicate that not enough has been done to educate the public about the true danger of driving under the influence of medication.

Driver Says He Needs to Stop Texting Then Drives Off a Cliff

August 30, 2012 | AS Personal Injury Lawyers

A young college student from Texas says he is lucky to be alive after surviving a terrible crash that occurred while he was texting. The student’s, Chance Bothe, truck plunged off of a bridge and into a ravine. Terrifyingly, the accident occurred right after Chance wrote the following message to a friend: “I need to quit texting, because I could die in a car accident.”

The crash left Chance horribly injured. The 21-year-old student had a broken neck, a crushed face, a fractured skull, and traumatic brain injuries. He also had to have doctors bring him back to life three times. Chance spent the last six months in intense recovery in the hospital and is only just now able to speak about the accident.

Now, he believes it’s his mission to urge other drivers to stop texting, or else they may experience a similar fate. “I know I died like three times but God didn’t keep me away from coming back here. I have a higher purpose in being here. And I think it’s to tell everyone not to text message and drive.”

According to Distraction.gov, 3,092 people in 2010 were killed in crashes involving a distracted driver – meaning those who are either texting, eating, adjusting their radio, or talking on their cell phone. 416,000 people were injured in accidents from these same types of distractions. A startling 18% of injury crashes in 2010 were reported as distraction-affected crashes.

What You Should Know About Children and Head Injuries

August 28, 2012 | AS Personal Injury Lawyers

Head injuries are not something to take lightly. The Centers for Disease Control estimates that 1.7 million people in the country sustain a traumatic brain injury every year, and these injuries contribute to a third of all injury-related deaths in the United States.

Children, especially those between the ages of 0 and 4 and the ages of 15 and 19, are the most likely to sustain these injuries, which is why education about the dangers of head injuries is so important. Because of the long-term effects that head injuries can have, parents should learn all they can about this common childhood injury.

In children, head injuries often occur while they are playing. Falls on the sports field, tumbles while riding a bike and trips while climbing outdoors are all common causes. For this reason, children should wear protective helmets whenever possible. Parents need to make sure that helmets are being used when their children participate in rough sports events or when riding wheeled toys, such as bikes, scooters and roller skates. Head injuries also frequently occur as a result of car accidents, especially when children are not properly restrained. Proper use of child safety seats can help protect children against serious brain injury in a car accident.

Though head injuries affect all children, a recent Reuters article mentioned the findings of a study published in the Archives of Pediatrics & Adolescent Medicine which shows the treatment for such injuries may not be uniform across the different races. Researchers looked at brain injuries and treatment of children and discovered differences based on the race of the injured child.

According to the research, white children get CT scans more often following minor head injuries than the children of the other races. The study found that 42% of white children brought in for minor head trauma got CT scans while only 28% of black and Hispanic children brought in for minor head trauma received such scans.

Some may think this means that hospitals are giving better treatment to white children, but the results indicate that unnecessary CT scans can actually be dangerous to the children receiving them. In this case, more treatment is not better treatment and can actually lead to medical mistakes and dangerous radiation risks.

Charlotte North Carolina Personal Injury Lawyers :: North Carolina Insurance Companies Use Software to Underpay Claims?

August 9, 2012 | AS Personal Injury Lawyers

A recent report by the Consumer Federation of America says that some insurance companies are using claims software that allows them to manipulate payments, thereby paying consumers less than they deserve after an accident.

The report found that popular injury evaluation software used by many insurance companies comes with provisions that allow the insurers to lowball consumers. These software programs include the CSC Colossus package which allows insurers to manipulate claims payments. The software can be used to reclassify injuries as less serious when compared to the diagnosis of a doctor.

Over the past 15 years, many insurance companies in the United States have implemented such software to streamline claims processing procedures. However, as this Consumer Federation indicates, the new software may be used for more than just improving efficiency. The report says that the claims processing software has allowed many insurance companies to increase profits by providing unfairly low offers to consumers. Insurers were able to adjust Colossus to produce virtually any claims’ payment reduction they wanted, whether or not it was warranted. One executive said that Colossus could be “tuned” to achieve a particular level of savings, such as 15 percent, for all claims.

Auto accident victims in North Carolina should be especially concerned because so many insurers use the CSC Colossus system. The report estimates that more than 50% of the 20 largest auto and property insurers in the United States currently use the Colossus system. Even those that do not use Colossus use similar products that are sold by competitors.

Number of ATV accidents in North Carolina Increase Over Summer Months

July 17, 2012 | AS Personal Injury Lawyers

The U.S. Consumer Product Safety Commission (CPSC) recently announced that the number of people who die or are injured using ATVs each year is on the rise. The federal agency is asking that riders stay vigilant and be safe while out on the trails this summer.

The summer is a notoriously dangerous time for ATV riders and statistics show death and injury rates skyrocket as temperatures rise. On average, from 2004 to 2006, the deaths of children younger than 16 rose a shocking 65% from March to April. Adult deaths rose 85% over the same period. The peak of ATV-related injuries occurs in July and the CPSC is trying to put the word out early that drivers must stay aware of their surroundings and practice safe ATV driving habits to avoid a similar rise this summer.

On average, each year from 2004 to 2010, there were nearly 700 ATV-related fatalities. Each year also saw close to 136,000 injuries that required emergency room visits. Though these thankfully did not result in death, many such injuries can be life altering.

This year alone the CPSC says that it has received reports of some 130 adults and 28 children under the age of 16 who have died in ATV-related incidents across the country. The busy summer holiday season sees a huge increase in the number of accidents and this year is off to a bad start with the Memorial Day holiday weekend alone accounting for the deaths of 14 adults and 3 children. The government is urging caution while out on the trails as the July 4th holiday weekend is coming up.

Most of the deaths and injuries occur when an inexperienced driver loses control of an ATV, is thrown from an ATV, overturns the vehicle, or collides with a fixed object. Those drivers with more than on year of experience operating an ATV have dramatically lower risk of injury and death than brand new drivers. Practice really does help in the case of ATV accidents as drivers develop comfort behind the wheel and experience with how to properly operate the device. Off-road driving is very different than cruising down the street and, as such, it requires special training to understand how to best operate an ATV.

North Carolina Dog Bite Injury Claims Add Up To Big Money

July 12, 2012 | AS Personal Injury Lawyers

While dog bites may not grab major newspaper headlines very often, it doesn’t mean they aren’t important to the victims and those insuring the victims. Animals still attack people, and the elderly and young children often serve as the primary victims of such attacks.

According to the CDC, every year there are roughly 4.7 million people who are bitten by dogs. Approximately 800,000 of those dog bites lead to a person seeking medical attention. Most shocking, about 16 people who are bitten by dogs also end up dying each year.

According to recent national data, it appears that dog bites are on the rise. State Farm Insurance paid out a total of $109 million for around 3,800 dog bite claims in 2011. In 2010 the total payout was $90 million for about 3,500 claims. Additionally, the Insurance Information Institute reports higher payouts with an estimation that insurance companies paid out a total of $479 million in 2011 alone. That represents a pretty substantial rise from 2010, when $413 million was paid out due to dog bite claims.

Children between the ages of 5 and 9 are the most vulnerable for such attacks. The second most vulnerable group is the elderly. The third group with the best chance of being attacked by a dog is, perhaps unsurprisingly, mail carriers. Though mailmen may seem very likely to be bitten by a dog, given the image seen on TV and in movies, the fact is that young children are some 900 times more likely to be bitten than a mailman.

When it comes to promoting dog safety for children, the ASPCA says that children should make sure to never do the following things:

• Stare into a dog’s eyes;
• Go up to a chained dog;
• Tease a dog;
• Touch a dog that is sleeping;
• Try to play with a dog that is eating;
• Run or scream if a stray dog comes up.

Workplace Injuries and Regular OSHA Inspections

July 10, 2012 | AS Personal Injury Lawyers

The presence of inspectors from the Occupational Safety and Health Administration (OSHA) at a company’s door is usually the cause for concern for employers. A new study out of Harvard Business School finds that this probably shouldn’t be the case. The data suggests that regular inspections by OSHA actually help employers reduce their workers’ compensation claims and actually add money to the company’s profits. This is great news for North Carolina workers as many preventable workplace injuries occur everyday.

The research was co-authored by professors from Harvard Business School and the UC-Berkeley School of Business. The researchers started their study by examining workplace safety inspections that were conducted by the California branch of the OSHA, and focused on the impact of these inspections on workers’ compensation claims and costs.

The study, Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, found that when OSHA conducted safety inspections, it actually reduced the number of injuries that occurred in the workplace, helping employees and, in the long run, employers. This is because a reduced number of injured workers result in a reduced cost to employers for time spent out of work and the expenses associated with workers’ compensation claims.

The study also showed that there was no detectable harm to the company’s profits as a result of any of the OSHA inspections. On the contrary, the researchers say that frequent inspections by OSHA actually help boost a company’s coffers, because the company consistently spends less on workers’ comp claims.

The study showed that certain high-risk industries that had the highest number of injuries were the ones that benefited most from frequent inspections. Workplaces that were placed under regular inspection by OSHA were able to reduce their workers’ compensation claims by a surprising 39.4%. These same high-risk companies were also able to save 26% on their workers’ comp costs over the span of the four-year study. On average, researchers found that companies that had been through the regular inspection process were able to save as much as $355,000.

Car Wreck Caused by Texting While Driving

June 21, 2012 | AS Personal Injury Lawyers

According a recent article on Law.com, a recent New Jersey case dealt with the interesting issue of liability for an accident caused by texting. This might not sound so novel, but what makes this case different than others is that the person who was texting the driver was also sued for damages.

The accident happened in 2009 when a teen boy was driving home from work while texting his girlfriend. His car crossed the centerline and he crashed into two motorcyclists. The husband and wife he hit both lost parts of their legs in the horrible crash. The teen admitted that he was distracted by his phone and pled guilty in his criminal case to using a cell phone improperly and to careless driving. He is now on probation and required to educate other teens about the dangers of texting and driving. A civil case is currently pending against him.

Though New Jersey currently has a law against texting and driving, making the driver guilty, the attorney representing the victims tried to take it a step further. On behalf of his clients, the attorney filed a lawsuit against the teen’s girlfriend who had been texting him while he was driving. The attorney’s argument was that the girlfriend knew the teen was driving, so she knowingly distracted him with texting while he was behind the wheel, thereby helping to cause the car accident.

The lawsuit attempted to charge the teen girl with aiding an abetting. She was the one who started the text messaging exchange and she testified that she may have known he was in the car at the time, the victim’s attorney said she was partially at fault.