Driving While Distracted Kills

Now, there have been hearing in Congress, and the President issued a Presidential Order banned texting while driving for Federal employees who are on Federal business, whether driving government-owned vehicles or their own vehicle.

Although young drivers used to be the ones who sent , more and older adults have begun this dangerous habit.  What in the world makes people think they can drive down a highway doing 55 – 65 mph and look down at a handheld device and send a text message at the same time?

For teens, texting while driving is especially dangerous because they are already driving under the disability of being among the most inexperienced drivers on the highway.  For parents and their teen drivers to discuss and sign.  It won’t cure the problem all by itself, but it gives parents an opportunity to have frank talks with their teen drivers about what is expected of them and the consequences of their actions.

If you or someone in your family has been seriously injured by a driver who driverwas texting while driving, we can answer your questions.

Read more related articles here.

Medical Insurance May Not Cover Your Serious Condition

I talk all the time about the importance of having enough uninsured/underinsured motorist coverage on your automobile policies.  Often, people say to me, “Why do I need that?  I have medical insurance.”  I tell them that when a catastrophe happens, you need all the insurance coverage you can get — because there are loopholes you don’t even know about in your medical insurance coverage.

A recent article in Business Week magazine says the same thing.  A study has shown that people with medical insurance pay almost as much out of pocket as do uninsured folks when it comes to very serious medical conditions.  How does that happen?

Insurance companies are not in the business of handing out money, and once you appear on their radar screen as having a serious medical condition, they start to work to figure out a way to deny coverage.  And, since they wrote the policies and know better than you where the loopholes are, they often are successful in cutting off your benefits.

The article also cites a study that found illness or medical expenses contributed to 50% of bankruptcies.

I’m not saying don’t get health insurance.  We need all the help we can get.  But it makes me mad that once again the individual gets taken advantage of by huge corporations. Contact us.

Related video:

Bicycle Accidents, Child Safety

Memorial Day is the traditional beginning of summertime activities.  Summer is the time when children are out on their bikes in big numbers — on their way to friends’ houses, the neighbourhood pool, running errands for parents.  Unfortunately, they are forced to ride among greater numbers of cars and trucks.  Roadways are crowded and drivers are inattentive. About driver inattention yesterday and the dangers it poses to children on bikes.

The website provides information on the laws affecting walkers, bikers and motor vehicle drivers.

Also, there is no statewide bicycle helmet law although localities can pass their own ordinances.

Related video:

Walkers: Beware If You Are Injured While Walking, Winning Your Case Is Very Hard

Contributory negligence is the law.  The injured person must not have ‘contributed’ (done anything to cause) his own injury even in the slightest.  That law is very unfair to pedestrians.

An article about a client we recently represented.  She was seriously injured when she tripped over a defect in a sidewalk that had been created and was known by the business owner.

If you have been hurt while you were walking because of the carelessness of someone else, contact us. We can advise you on your rights.

Related video:

Cars + Children = Danger

Now is the time of year when more and more cars and trucks will be on the roads and highways – spring is here and families get out and about.  And, more and more children are out and about riding bikes and playing in their yards with other children — children and cars don’t mix.

We have all heard of — or even experienced — tragic stories of children who are happy and carefree playing outside one second and severely injured the next by a careless driver.   If your child was injured by a careless driver, contact us for a lawyer help.

How Does Bankruptcy Affect A Personal Injury Claim?

Things don’t happen to us one at a time, and when two important areas of the law collide, you can be left without full justice.  If you have filed for bankruptcy relief either before or after being in a car accident, you and your bankruptcy lawyer must review and understand all the facts and the law about how your personal injury claim affects your bankruptcy and vice versa.

The bankruptcy code provides for several kinds of assets that are exempted from the bankruptcy procedure, and you and your lawyer must know what they are and how they affect you.

Always, always, always tell both your bankruptcy and your personal injury lawyer all the facts.  Put them in touch with each other, so they can figure out how to maximize your remedies in both your bankruptcy and in your personal injury claim.

If your bankruptcy lawyer does not know that you have a personal injury claim — or the facts about your medical bills and injuries — then s/he cannot properly protect you from your debtors.  On the other hand, if you file for bankruptcy without telling your personal injury lawyer, you may not be able to recover the full damages that you would otherwise be entitled to recover.

Be sure to explore these exemptions with your bankruptcy lawyer if you have a personal injury claim.

We are not bankruptcy lawyers.  However, this issue is very important.  If you have been injured in an accident and are thinking about filing for bankruptcy relief, give us a call through the website, and we will refer you to an experienced bankruptcy lawyer.

Read more related articles here.

Supreme Court Rejects Claim

On March 2009, the U. S. Supreme Court issued its ruling in the case of a man. A bass player and composer of children went to a clinic for treatment of headache-induced nausea.  The staff at the clinic administered the antihistamine Phenergan, manufactured by Pharmaceutical Company, by using an “IV push.”  The drug was inadvertently injected into one of her arteries.  She developed tissue deterioration and gangrene, and her arm was ultimately amputated.

She went to state court and sued him (it knew that the IV push created a risk of inadvertent arterial injection and gangrene), claiming that its warning was inadequate because it did not prohibit IV push delivery.  He defended on the basis that the warning was mandated by the FDA and that the case was preempted by federal law.

The jury awarded her $6.7 million and he appealed.

In a 6 – 3 decision, the U.S. Supreme Court brushed aside his plea that it limit lawsuits against drug makers.

This is a huge victory for citizens who are injured by huge pharmaceutical companies who know of the dangerous drugs they are putting on the market and then try to hide behind FDA requirements.

Big Pharma Giveaways To Doctors Ends

Have you ever looked around your doctor’s office and seen all the things printed with names of pharmaceutical companies and their products?  That’s about to stop.

As of Thursday, January 1, 2009, doctors will no longer receive free gifts from pharmaceutical companies.  For years, big pharma has peppered doctors’ offices with free promotional items – pens, pads (including prescription pads), tongue depressors, mugs, soap dispensers, T-shirts, etc. – all of which, of course, are emblazoned with the name of the company’s latest high-profile drug.

More and more, pharmaceutical companies have been the focus of criticism for such practices and arguably are taking the voluntary ban step as a way of blunting some of the criticism. The many comments about the article express different points of view.

So, what’s wrong with promotional items?  Drug companies spend billions of dollars keeping their products in front of doctors to try to influence them to write prescriptions to us. How can patients – you and I – be sure that what we are being prescribed is necessary and appropriate for our medical condition?   As long as that is happening, we should be asking questions.

Notice this is a voluntary ban on free gifts (swag).  But, also note what is NOT included in the ban:  free lunches and dinners, payment for consultations and free drug samples.

Read related law articles here.

Child Killed In Crash, Not Wearing Seatbelt

A child died in December when the pickup truck in which he was riding crossed the centre line and hit an oncoming SUV head-on.  He was four years old.  The accident happened on near its intersection.  According to the Police, he was not wearing a seatbelt.

It is so easy to forget to put a child’s seatbelt on, but it is so important to do it every time.  Also important, especially for a child of four years old, is to put the child in a proper car seat. How to choose the right car seat for your child.  Seatbelts and child safety seats help save lives.

Read related law articles here.

Safety Advocates Anti-Lock Brakes For All Motorcycles

California personal injury attorney advising that, at long last, the National Highway Traffic Safety Administration (NHTSA) has proposed an amendment to the Federal Motor Vehicle Safety Standard that would require motorcycle manufacturers to install anti-lock braking systems on motorcycles.  The changes to the FMVSS would create minimum performance standards that have been successfully tested elsewhere and would also prohibit motorcycles with unsafe brakes from being sold in the United  States.

Anti-lock braking systems have been installed in motor vehicles for many years and have been proven to save lives and prevent accidents.  More and more people are using motorcycles as a primary means of transportation, and as the number of motorcyclists has increased, so have the number of motorcycle accident fatalities.  Although there is no way to make motorcycles as safe as four-wheel vehicles, motorcyclists deserve the safety features that can save lives. Read more related articles here.