Driving while tired, often called drowsy driving, includes the dangerous act of driving while struggling to keep one's eyes open. CNN reports that several studies have shown that drowsy driving is similar to driving drunk - a driver who has been awake for 20 hours straight drives as poorly as a driver with a BAC of .08 percent.
]]> Drowsy Driving StatisticsEven though studies and personal experience have proven the dangers of drowsy driving, many people in the United States continue to do it. According to a 2005 study by the NSF, 60 percent of adult drivers (approximately 168 million people) had driven drowsy in the year prior to the survey. The study also showed that 37 percent of adult drivers (approximately 103 million people) actually had fallen asleep while driving, with four percent indicating they had done so in the month prior to the survey. And, four percent of drivers (approximately 11 million people) reported either being in a car accident or nearly missing being in an accident because they were driving drowsy.
Even with high numbers of people getting behind the wheel while tired, the National Highway Traffic Safety Administration (NHTSA) estimates that there are 100,000 drowsy-driving-related accidents annually - however, this estimate is probably low because accidents involving tired drivers are difficult to track. Further, the NHTSA estimates that fatigued driving results approximately 1,550 deaths and 71,000 injuries each year.
Drowsy Driving Safety Tips
The dangers associated with driving while tired do not have to be a fact of life. CNN offers the following tips to avoid driving drowsy:
People injured by a drowsy driver can hold the driver responsible for his or her negligence through a personal injury lawsuit. If you or a loved one has been injured by a drowsy driver, please consult an experienced personal injury attorney to explore your legal options.
]]>In its proposal, the NHTSA has requesting that automobile manufacturers integrate technology which does not allow in-dash or otherwise built in communication technologies to function any time that a vehicle is not in park. The voluntary guideline would affect technologies such as integrated calling, texting and emailing and Web-browsing. The proposal would affect navigation systems in a minor way, allowing them to still function while the vehicle is in drive, but only allowing addresses to be entered while the vehicle is in park.
]]> The second proposal, which the NHTSA is expected to release next year, would limit drivers' use of hand-held devices, and the third proposal, expected the year after that, would address how automakers integrate voice activation technologies into vehicles.These guidelines focus on distracted driving for good reason: the NHTSA estimates that nearly 3,100 people were killed in distracted driving car accidents in 2010 alone.
Fearing that drivers will find ways around the first proposal - such as using hand-held cell phones - in order to continue to make calls, send texts or surf the Internet, safety advocates are asking the NHTSA to release proposals two and three sooner rather than later.
Rob Strassburger, the vice president for safety at the Alliance of Automobile Manufacturers, has said that "Consumers have options. If they use of one option is curtailed, drivers will migrate quickly to others that are not restricted."
If drivers resort to using hand-held cell phones, there could be disastrous safety consequences. The NHTSA reports statistics from Monash University which indicate that drivers that use a hand-held device are at four times higher risk of injuring themselves in an accident.
Accidents involving distracted drivers can result in injuries such as broken bones, traumatic brain injuries, and back and spine injuries. If you or a loved one has been involved in an accident caused by a distracted driver, please contact an experienced personal injury attorney to explore your legal options.
]]>However, until recently, the law hasn't specified exactly how much snow must be removed. Some property owners would clear the entire sidewalk, while others would shovel only a narrow path.
This relaxed attitude toward sidewalk-clearing led many residents to complain. Many of the concerns were voiced by local seniors, who worried that the icy sidewalks could lead to serious injuries.
]]> In January, the Hoboken City Council passed a new sidewalk ordinance in an attempt to remedy the problem. Now, property owners must remove at least two-thirds of the snow from the sidewalk, leaving, at minimum, a path that is four feet wide.New Jersey Slip and Fall Accidents
New Jersey residents who are injured in slip and fall accidents on icy sidewalks may be able to seek legal recourse to recover for their damages.
Icy sidewalks are one of the most common causes of slip and fall accidents. However, these cases are also some of the most difficult to prove. Winter is an inherently dangerous time of year; New Jersey premises liability law kicks in only when a property owner does something to increase the danger normally caused by snow and ice, or fails to remove the danger as required by law.
For example, property owners will likely not be liable if the snow abutting the sidewalk melts during the day but then freezes overnight, causing the sidewalk to become slippery. Conversely, property owners may be liable if they negligently put a pile of snow in an area where they know run-off could flow on to a heavily-travelled area.
Of course, these are just two illustrative examples of a very complex issue. If you are injured in a fall on an icy sidewalk, the first thing you should do is take pictures of the area - without documentation, your claim may be very hard to prove. Then, talk to a New Jersey personal injury attorney who can evaluate your case and help you understand your legal rights.
]]>Conflicts of interest arise for panel members when they or their family members are compensated either monetarily or through other means. Due to these benefits received, the panel members are more likely to develop guidelines that favor or approve the use of prescription drugs or medical devices manufactured by the giver of the benefits.
]]> Conflicts can be of particular concern in the multi-billion dollar pharmaceutical field. As BMJ notes, success of a newly marketed drug could be aided by the approval by a panel of experts. It is this approval that lends credence to the claims of the manufacturer and "implies the existence of a body of evidence sufficient to justify the use of the drug."With these types of conflicts in mind, the Institute of Medicine (IOM) recommends that members of panels or others that publish medical guidelines be free of any monetary interest in the companies that would benefit from the published guidelines or approvals. However, the IOM acknowledges that it may be impossible to avoid all conflicts, and in these situations the IOM recommends that at least the people that serve as chairs or co-chairs of the panels should be free from all conflict and that industry members should not be involved in the development of the guidelines or recommendations.
Recommendations about medical procedures or pharmaceuticals provided by unbiased panels are almost certainly best for patient safety. Jennifer Neuman, an instructor of medicine at Mount Sinai School of Medicine in New York, notes that undue influence can be guarded against by following the recommendations by the IOM or other groups that seek to limit undue influence to a "minority" of panelists and acknowledging and being "conscious" of the conflicts that exist.
]]>The study released by the AAA Foundation for Traffic Safety, and conducted by University of North Carolina Highway Safety Research Center, indicates that in their first month of driving, new teen-motorists are involved in car accidents at a significantly higher rate than at other times. The study demonstrated that in their first month of driving, teens are 50 percent more likely to be involved in an accident than they would be after a year of driving. Additionally during the first month, teen-drivers are twice as likely to be involved a crash as they would be after two years of driving.
]]> The study indicates that in 57 percent of the accidents that occur in that first month of driving, three mistakes typically provide the catalyst for chaos:The Washington Post quoted John B. Townsend II, spokesman for AAA Mid-Atlantic, as saying new teen-drivers lack "enough life experience" and do not have "enough time under their belt" to successfully handle all of the dangers that driving can pose.
In fact, laws which restrict teen driving so that new drivers can accumulate experience more gradually - such as graduated license programs - lower the instance of crashes, according to studies by the Insurance Institute for Highway Safety (IIHS).
As teens adjust to the responsibility of driving, safety education should be a top priority for teens and parents alike.
]]>Doctor Joseph Testa discovered the mutation on gene BAP1 and led the study that tested families with high rates of mesothelioma for the mutation. He discovered that every family member with mesothelioma had the BAP1 gene mutation. In addition, the study found that 25 percent of individuals with no family history of mesothelioma also had the gene mutation.
Mesothelioma is a cancer caused by exposure to asbestos and erionite fibers. Erionite is an asbestos-like fiber that is found in the volcanic ash and other rock formations in at least 12 different states. Mesothelioma is difficult to diagnose since its early symptoms are vague and are often overlooked. This leads to a delay in diagnosis, which is often confirmed when the cancer is already in stages three or four. Typically, mesothelioma causes death within six to nine months of diagnosis.
]]> The discovery of the gene mutation could potentially change the way mesothelioma is tested and diagnosed. Now, patients with family histories of mesothelioma can get tested for the mutation and take the necessary precautions to avoid developing the disease.Someone with the BAP1 gene mutation may want to avoid work involving asbestos or erionite fibers, or, if a career change is impossible, take extra preventative measures, like consistently using protective equipment and taking showers after contact with the fibers. Those most at risk for developing mesothelioma are construction and factory workers, miners, insulation manufacturers and car mechanics.
For those who work with asbestos or erionite fibers, it may also be prudent to schedule regular physicals that include tests and x-rays on the lungs. These tests, in addition to CAT scans, MRIS and biopsies, are some of the procedures used to diagnose mesothelioma, and may enable physicians to catch mesothelioma in its earlier stages.
Even if someone discovers that he or she has the BAP1 mutation and takes preventative measures against mesothelioma, it is still possible that he or she may contract the disease. Since most cases of mesothelioma result from exposure to asbestos or erionite fibers at the workplace, patients may be eligible for compensation. If mesothelioma patients can prove that they were exposed to asbestos or erionite fibers while on the job, employers may be responsible for their workers' medical care costs, past and future wages, and noneconomic damages like loss of enjoyment of life and emotional distress.
If you or a loved one has been diagnosed with mesothelioma and you suspect that workplace exposure to asbestos may be the cause, contact an experienced personal injury attorney to explore applicable compensation to which you may be entitled.
]]>State Laws Concerning Elder Abuse
New Jersey law defines elder abuse as "the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services which are necessary to maintain a person's physical and mental health." This definition encompasses a broad array of mistreatment, including physical and sexual abuse, neglect and financial abuse or exploitation. More often than not, the one perpetrating the abuse is a relative. Under New Jersey law, it is a crime for those who have a duty to look after an elderly person to neglect to care for that person or prevent others from providing necessary care.
]]> New Jersey lawmakers have taken steps to combat the tragedy of elder abuse. The state has an Adult Protective Services Act, which outlines the procedure for providing protective services for vulnerable adults, including the elderly. Additionally, the law requires any "health care professional, law enforcement officer, firefighter, paramedic or emergency medical technician" who has reasonable suspicion that a vulnerable adult is suffering abuse to report it to the county protective services provider.Nursing Homes
Lawmakers have also begun to combat elder abuse and nursing home negligence. The law requires anyone who has reasonable suspicion that a resident of a residential health care facility to report the abuse. The county welfare board must then investigate each allegation. The New Jersey legislature also passed the Nursing Home Resident's Bill of Rights in 2007, which guarantees nursing home residents the right to privacy, the right to a safe and decent living environment, the right to receive unopened mail, the right to manage their own financial affairs unless a judge has adjudicated them incompetent and the right to retain personal property.
The Nursing Home Resident's Bill of Rights also obligates nursing homes to maintain complete records of patients' possessions and finances, administer medications only for the residents' benefit and comfort and provide for the residents' spiritual needs. If the nursing home violates the patients' rights, patients may recover actual damages, as well as punitive damages, attorney's fees and costs.
Nursing homes often fail to meet their patients' needs due to understaffing or attempts to cut corners to save money. As the growing senior population grows, it is imperative that people ensure that their senior aged loved ones receive proper care.
]]>On average, 24 children die in bus-related incidents each year. The majority of these accidents occur outside buses while the children are on foot. In most cases, the bus driver is unable to see a child when pulling away from a stop. In some cases, cars flouting safety laws hit children as they cross the street after exiting a bus.
Students should be taught some basic safety tips when getting on or off the school bus:
]]> •· Never cross directly in front of the bus. Stay at least 10 feet in front of the bus so the driver can see you.•· Wait until the bus comes to a complete stop and the driver opens the door before trying to get on or off the bus.
•· Walk at least three feet away when walking next to the bus and don't lean on or touch the bus while walking. It could start to move and pull you under.
•· If you drop something near the bus or get your jacket, backpack or another item caught in the bus door, tell the driver right away. Do not bend down near the bus to pick something up, because then the driver can't see you.
•· Never walk behind the bus. You don't know when the driver might need to back up.
Car drivers should also keep these tips in mind:
•· Stop for red flashing lights and an extended STOP sign on the side of a school bus. You may not proceed until the STOP arm has been folded in, the red lights shut off and the bus begins to move. In most states, violation of this law can result in a ticket that carries a hefty fine.
•· Watch for children running to catch the school bus. They aren't always focused on watching out for traffic. Also watch for kids walking in the street or playing close to the road near a school bus stop.
•· Watch out for kids walking or riding bikes to school. Pay particular attention when backing out of a driveway or garage.
Parents should review the bus safety rules with any student riding the bus, and should review the driver rules with any teens that may be driving to school around the time that others are being picked up by the school bus. Keeping these tips in mind can help better ensure the safety of the nation's schoolchildren.
]]>A recent study published in the Annals of Internal Medicine ultimately concluded that mortality rates and errors increase and efficiency decreases in the summer due to year-end staff turnover in hospitals. After examining studies published from 1989 through 2010, the authors determined that the "larger and higher-quality" studies they examined demonstrated as much as an eight percent increase in patient death rates during July.
]]> The lead author of the study explained the impact on academic year-end changeover to the New York Times: "It's like a football team in a high-stakes game, and in the middle of that final drive you bring out four or five players who never played in the pros before and don't know the playbook, and the players that remained get changed to positions they never played before, and they never practiced together."Patients who suffer injury or prolonged illness due to cancer misdiagnosis, prescription errors, surgical errors, birth injuries or other medical errors should discuss their legal options with a medical malpractice lawyer. The same is true for survivors of a wrongful death due to medical malpractice. Medical harm caused by the "July effect" may be legally actionable due to provider negligence, as well as poor policy choices by health care administrators.
]]>"Comparing Health Care Quality: A National Directory" provides access to public information from all but four states. On the site, New Jersey patients can gain access to relevant online resources from the Department of Health and Senior Services, N.J. Health Care Quality Institute and New Jersey Hospital Association regarding everything from heart failure to hospital price comparisons from Bergen County, Passaic County, Hudson County and other areas.
Increased patient education is an effective way to provide incentives to medical professionals to meet accepted standards of care and avoid medical malpractice liability. As the foundation explains in introducing its new tool for patients, every community in the country is susceptible to bad care from doctors and hospitals. Poor medical outcomes caused by physican's errors and surgeon's mistakes are a waste of resources and a deadly threat to too many families.
]]>That theory goes something like this:
There's only one problem with the public burden theory: It's completely false. A study on motorcycle accidents and insurance found that bikers actually relied less on public money than other motorists who were injured in accidents. Considering the tiny percentage of American health-care costs that are attributable to motorcycle accidents - a mere .00004% in 2006 - motorcyclists don't seem like such a burden after all.
]]> How the Myth Affects Public PerceptionHowever, non-bikers tend to view motorcycles as unusually dangerous, so the foundation of the public burden theory makes sense to them. The thought of bailing out a negligent biker may threaten voters' pocketbooks enough for them to buy into this flawed argument and support restrictive helmet laws.
This mindset also makes it more difficult for injured motorcyclists to recover damages for injuries caused by other negligent motorists. Jurors who buy into the public burden theory may base their decision on preconceptions about bikers and the risks associated with riding. If a jury believes that bikers are all careless drains on society, how fair can it be?
If you are injured in an accident while riding a motorcycle, please contact a personal injury attorney who will represent your interests in court and work to ensure that the jury is not swayed by the false premises of the public burden theory.
]]>Even though the CPSIA's purpose is to keep U.S. consumers and children safe, there has been significant pushback against the CPSIA from the business community. Detractors have indicated that the CPSIA is too burdensome. Members of the House Commerce, Manufacturing and Trade Subcommittee of the Energy and Commerce Committee recently seemed to agree with those critical of the CPSIA.
]]> In May of 2011, the subcommittee voted to amend the CPSIA in ways that would scale back the CPSIA's safety measures. Reuters notes that the vote included:While Mary Bono Mack (R-CA), chairman of the subcommittee, believes that the subcommittee is implementing "common sense reforms ... to make a good law even better," consumer safety groups disagree.
The loosening of the CPSIA's safety measures would put consumers and children at heightened risk of injury. If the law is changed, even the most well-informed consumer will be at an elevated risk for injury by a dangerous or defective product. If you or a loved one is hurt while using any kind of consumer product, please contact an experienced personal injury attorney to discuss your options.
]]>Google technicians believe that autonomous cars could revolutionize driving; like the Internet changed computing forever. Computerized drivers could react faster than humans, could not be distracted, and could not be fatigued. By eliminating the factors that commonly lead to accidents, more lives could be saved. Further, traffic volume on highways could be improved if cars moved in a uniform manner and no bottlenecks constricted traffic. However, before this can happen, numerous safety issues must be addressed.
]]>At Fishman McIntyre P.C., attorney Jae E. Lee has extensive experience representing people who have been injured and those who have lost family members in fatal accidents. Our firm has established this Blog to provide information on developments in New Jersey personal injury law.
We will discuss a wide range of topics on these pages, from car and truck accidents, to medical malpractice and nursing home neglect.
We also hope to hear from you. If you have a comment or question about a Blog post, please feel free to share it in the comments section.
For information about your specific case, please contact us today online or by telephone at 888-873-9896 to speak with an experienced New Jersey auto accident lawyer.
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