Personal Injury

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.

Is Spray on Tanning Unsafe Too?

June 19, 2012 | AS Personal Injury Lawyers

Some experts interviewed by the staff at Good Morning America are now saying that the active chemical used in spray tans, dihydroxyacetone (DHA), could potentially cause serious health issues for users.

Originally approved by the FDA back in 1977 for “external” use, DHA was previously used as a topical lotion that became unpopular due to its blotchy orange appearance. In recent times, spray applications that utilize DHA have enabled the chemical to maintain a more even and all around appearance. These changes in the method used for administering DHA have led to a resurgence in the chemical’s popularity. The problem that has arisen regarding its safety is due to the new mist-like application process for spraying on tans using DHA.
When the FDA first approved use of the chemical back in the 1970s, it never imagined that DHA would be applied across the entire body with a misty spray. The FDA now says that DHA should never be inhaled or ingested, something far more likely to happen given the new application method.

Most people are unaware of the potential health risks associated with the chemical and most spray tanning sessions happen in small, confined spaces all while being totally consumed by the mist. The vast majority of tanning salons fail to properly educate their patrons before tanning sessions so many users fail to properly protect their eyes, nose and mouth from the harmful chemical.

The Food and Drug Administration has revised what it says about DHA and now tells consumers “the use of DHA in ‘tanning’ booths as an all-over spray has not been approved by the FDA, since safety data to support this use has not been submitted to the agency for review and evaluation.”

Avoid Severe Injuries Caused by Fireworks Accidents

June 12, 2012 | AS Personal Injury Lawyers

Given that June is National Fireworks Safety Month now’s a good time to take a minute and discuss some of the danger associated with the bright lights seen by many at July 4th displays. Though there are many varieties of fireworks which can be purchased legally, this doesn’t mean they are risk free. According to one study by the U.S. Fire Administration, at least 92% of all fireworks-related injuries each year are caused by such legally purchased fireworks.

Those at most risk for injury are, perhaps unsurprisingly, young children. Children under the age of 15 are at the highest risk for fireworks-related injuries. Their love of the bright lights and loud noises attracts them but they are often too young to understand they danger they represent. Even seemingly safe hand-held fireworks can cause serious harm as some sparklers can reach temperatures of 2,000 degrees Fahrenheit, hot enough to melt copper. For children under the age of five, sparklers accounted for the largest number of estimated injuries, 36 percent of the total injuries in that age group.

During the 30 days surrounding July 4 last year, fireworks sent about 1,900 injured consumers to emergency rooms. The Consumer Product Safety Commission’s statistics show that in 2010 about 8,600 consumers ended up in hospital emergency rooms due to injuries involving fireworks. In 2011, 9,600 people were treated in emergency departments for similar injuries, an increase of 1,000 injuries in just one year. The CPSC’s annual death and injury report on fireworks, reports of three fatalities related to fireworks were received last year.

The part of the body most often injured are hands and fingers (estimated 2,900 injuries), eyes (1,100 injuries), head, face, and ears (1,100 injuries), and legs (700 injuries). The products that cause the most harm include sparklers (1,100), firecrackers (800), and bottle rockets (300). The major causes of injuries are due to delayed or early fireworks explosions, bottle rockets that go off course, falling debris from exploding fireworks and mishandling sparklers.

Increasing the Chances of Severe Injury by Ignoring Recalls

June 7, 2012 | AS Personal Injury Lawyers

Recent figures from USA Today show that there is concern among manufacturers and regulators that consumers have grown tired of the constant recall notices arriving in their mailboxes. The increased numbers of recalls, while a good thing, is causing consumers to be exhausted and ignore some notices, possibly to their detriment. Last year alone there were some 2,363 product recalls in consumer products, medical devices, drugs and food. This number represents an increase of 14% from just a year before.

While the increased number of recalls is good in terms of notifying consumers of potential dangers, it creates a worry that consumers will tire of the repeated warnings, perhaps not taking them as seriously. Mike Rozembajgier, the VP of recalls at Stericycle ExpertRecall, said, “We’re experiencing recall fatigue in my mind at the consumer level and also perhaps at the business level, and we all have to worry about that.”

The problem is that if consumers are not paying attention to recalls then they become ineffective. The regulators then must come up with new ways to warn consumers about dangerous products that will somehow break through. As a result, consumer protection agencies are trying to vary the methods that they are using to contact consumers. Social media sites like Twitter and Facebook are now being used by government agencies to get the word out about potential recalls rather than simply mailing notices which are more easily discarded as junk mail. Authorities are not giving up on the more traditional means of contact like telephone calls.

To Avoid Severe Injury, Don’t Swerve when Animals are in the Road

June 5, 2012 | AS Personal Injury Lawyers

According to an article in the Miami Herald, most injuries on the road involving animal crashes occur not when a driver actually hits the animal, but instead when the car crashes following an attempt to avoid hitting the animal. Apparently it’s the swerving away from the critter that actually causes most of the injuries to drivers and their passengers.

According to the National Highway Traffic Safety Administration (NHTSA), there were 173 fatal accidents involving animals in 2009, the most recent year that statistics were available. That same year there were 12,000 car accidents that resulted in injuries involving animals. Even more shocking is the news that according to the Insurance Industry for Highway Safety, 1.5 million accidents involving deer occur each year across the country and result in $1 billion in damages.

According to people familiar with the subject, highway safety experts and police officers who encounter such accidents regularly, swerving to avoid a collisions may actually be more dangerous than simply hitting the animal. Law enforcement officials urge motorists to avoid sudden evasive maneuvers if you’re not able to check the other lanes of traffic beforehand. If it’s safe to make a lane change then the experts say to go ahead, but if you’re not sure what else is going on around you then swerving is usually the wrong choice.

Severe Injury Caused by Magnets

May 29, 2012 | AS Personal Injury Lawyers

A few months back one unfortunate couple made a purchase they’ll likely regret for the rest of their lives: a box of magnets. They were shopping near their hometown and came across a bag of high-powered magnets that could be used to form various shapes and chose to buy them for a little amusement. When they arrived back at their house they made sure to put the toys away on an upper shelf. Apparently it wasn’t high enough to keep their young son, 2-year-old Braylon, away. He found the bag of magnets and ended up swallowing eight of them.

Rather than just simply passing the round balls, they magnets fused together and, in the process, wreaked havoc inside the little boy. The high-powered magnets attached to each other and, in doing so, twisted and ultimately perforated the boy’s intestinal tract.

Since the terrible accident the child has been in the hospital, coming up on two months now. Most of the time was spent in the ICU given the severity of his injuries. Braylon has had six surgeries, developed a blood infection and had to be fully sedated for three weeks. He is thankfully supposed to leave the hospital soon, but will have to return for more surgeries. He’s scheduled to get an intestinal transplant given the amount of tissue that had to be removed during all his surgeries.

Shockingly, given the horrible damage inflicted on Braylon and other’s just like him, there has not yet been a thorough study of the impact of magnets ingested by children. The Consumer Products Safety Commission (CPSC) has said that since 2008 it has received some 200 reports of similar incidents involving children and high-powered magnets. As a result, one of the doctors that worked with Braylon, Dr. Adam Noel, decided to conduct a survey of his own. He asked a group of pediatric gastroenterologists for their thoughts on the issue. The 33 physicians who responded to Dr. Noel’s survey said that they have seen a total of 82 young patients who have swallowed magnets. Sadly, the vast majority of these children suffered bowel perforations, just like Braylon.

Dr. Noel and a group of other concerned doctors will be meeting with officials from the CPSC to discuss ways to ensure that additional children don’t suffer from similar accidents. The companies that make the toys insist that their products are perfectly safe if used per the instructions. Treat them like any dangerous item in a house, like a stove, and the children can be perfectly safe from the danger they present.

Social Media Can Play Important Role in North Carolina Personal Injury Cases

May 22, 2012 | AS Personal Injury Lawyers

Before the Internet, insurance companies, attorneys, law enforcement, collection agencies and other individuals responsible for investigating information had to work a lot harder to check out individuals. Today, people volunteer much of the information such investigators are searching for.

The rise of social networking websites such as MySpace, Facebook, LinkedIn and other online communities have encouraged people to post anything and everything about themselves. Friends and acquaintances are not the only people taking notice. It has also become a crucial tool used by insurance companies, and other organizations, to gather evidence and seemingly innocuous posts on popular websites can damage an otherwise great personal injury claim.

Attorneys use social networking websites to verify what the opposing party is doing. If someone gets into an accident and claims to have an injury while submitting documentation that he or she cannot work, an investigator can easily go look up the person’s Facebook page. If the person’s Facebook page displays pictures of them dancing or rock-climbing or doing something that contradicts what was told to the insurance company, that person has just sabotaged their case.

Being tagged in a photograph by a friend who does not have privacy settings on a Facebook page can also spell trouble. If a supposedly injured person is seen doing something they claim not to be able to do, it can be used as evidence to deny a settlement offer or dismiss a court case seeking money for injuries. While this post should not be read as encouraging deception, injured parties should be aware that anything posted online is not 100% private.

It is recommended that you take down or deactivate all individual social networking pages while a claim is being pursued. If you’re not prepared to take the big step of deactivating your accounts, there are other precautions that can be taken short of that.

1. Immediately make your profile “private,” and set all privacy settings to the highest level.

2. Remember to not discuss your accident, injuries or treatment, including any prescribed medication, on ANY social networking sites.

3. Avoid discussing recent activities you’ve engaged in, physical exertion, abilities and limitations, or any other information that may bear on what you can and cannot do because of your injuries. It’s important to avoid this even if you’re not directly talking about activities related to your lawsuit.

4. Remove all photographs and videos of you taken since your injury, and refrain from posting until your claim has been resolved.

5. Be sure you know everyone who is your “friend.” Do not accept friend requests from people you do not personally know.

6. Review your friend list and block anyone you are not 100% sure you trust. Opposing parties could pose as a friend or get information from others who are to gain access to potentially incriminating information that could negatively affect your lawsuit.