According to a statement issued on September 13, the NTSB is urging the federal government to enact new regulations that would make it illegal for commercial motor vehicle (CMV) drivers to use handheld electronic devices while driving.

These efforts come on the heels of a NTSB investigation into a Kentucky truck accident that killed 11 people in March 2010. According to the board, a truck driver was making a cell phone call when he crossed over a median and struck a passenger van containing 12 people. The truck’s driver and 10 of the van’s passengers were killed in the accident.

Investigators determined that the truck driver had made 69 calls and texts while driving in the 24 hours leading up to the accident. His last call coincided with the time the truck crashed through southbound I-65′s cable barrier system and across a 60-foot wide median. It was his fourth call within minutes.

There is mounting evidence that links an increased risk of traffic accidents to driving distractions. Commercial drivers pose a particular risk due to the amount of damage that can be caused by large buses, trucks or other vehicles. In addition, these commercial vehicles often require additional reaction time to safely maneuver the vehicles.

According to a Virginia Tech Transportation Institute study released in the fall of 2009, heavy vehicle and truck drivers were 23.2 times more likely than a non-distracted driver to have a truck accident if they were texting, 6.7 times as likely to crash while reaching for, or using, an electronic device, and 5.9 times as likely to have an accident while dialing on a cell phone.

Drivers of light vehicles and cars were at much less risk of having an accident, but still faced a 2.8 times greater risk of crashing while dialing a cell phone than a non-distracted driver and were 1.4 times more likely to crash while reaching for an object and 1.3 times as likely to have an auto accident while talking on the cell phone.

The NTSB does not have the power to promulgate new traffic rules, but it can and does make recommendations to the Federal Motor Carrier Safety Administration. If such a ban were enacted, it would affect an estimated 3.7 million commercial drivers, who would not be allowed to use electronic devices while driving except in emergency situations.

The Maryland bus and truck accident lawyers at Saiontz & Kirk, P.A. urge consumers to support the complete ban on the use of mobile phones or other handheld electronic devices by commercial drivers.

In a report published on June 20 in the journal Addiction, researchers found that having a blood-alcohol concentration as low as 0.01 percent led to a statistically significant increase in the risk of a serious auto accident injury.

While the legal blood-alcohol limit in Maryland is 0.08 percent, the findings could mean that no amount of alcohol is safe to consume before getting behind the wheel. The limitations in place throughout the United States are extremely high compared to much of the modern world. Japan, for example, has a limit of 0.03, Sweden’s limit is 0.02 and Germany’s legal blood-alcohol content limit is 0.05 percent.

The study was conducted by researchers from the University of California, San Diego and looked at data from the Fatality Analysis Reporting System (FARS), which has information on 1,495,667 people involved in fatal car accidents from 1994 to 2008. The researchers found that even at the minimal detectable levels of 0.01 percent blood alcohol content, accidents were 36.6 percent more severe than those involving drivers with no detectable blood alcohol content. Overall there were 4.33 serious injuries for every non-serious injury for drivers who had consumed alcohol before driving, compared to 3.17 for non-drinking drivers.

Researchers said that drivers who have even just a little to drink were more likely to speed, more likely to be behind the wheel of the vehicle that is the striking vehicle, and more likely to have their seatbelt on improperly. Not surprisingly, the higher the blood-alcohol content of the driver, the higher the chances of a severe injury or death. The researchers are urging lawmakers to look at the findings as evidence for lowering the legal blood-alcohol content limit further, according to press release issued by the university.

In an op-ed piece recently published in the Washington Post, Gibson Vance, president of the American Association for Justice, highlighted how product liability lawsuits have forced automobile manufacturers to adopt modern safety standards that are saving lives. Vance suggests that litigation and civil suits have been the most “consistent and powerful forces in heightening safety standards.”

In April, the National Highway Traffic Safety Administration (NHTSA) announced that deaths from car accidents have dropped to their lowest level since 1949, despite Americans driving 21 billion miles more in 2010 than they did in 2009.

Safer cars have led to the dropping number of fatalities, and pressure on the auto industry from lawsuits over unsafe vehicles or inadequate safety measures have forced changes that manufacturers otherwise would have resisted.

“Put another way, without the civil justice system, gas tanks would still explode in rear-end collisions,” Vance said, referring to the infamous Ford Pinto, “seat belts and airbags would not be standard, and cars would roll over onto roofs that would be easily crushed.”

Automakers have consistently argued that they only needed to meet the minimum federal safety requirements and have pushed for immunity from product liability lawsuits if they do so. However, exposure to potential liability through a car accident lawsuit is often one of the factors that causes manufacturers to adopt and use new technology that makes cars safer, even when it diminishes their profits.

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In the April 29 edition of the U.S. Centers for Disease Control and Prevention (CDC)’s Morbidity and Mortality Weekly Report (PDF), it was reported that work injuries among Americans age 55 and older have risen from 12% to 17% between 2003 to 2009.

Overall, an estimated total of 210,830 nonfatal workplace injuries were suffered by older workers in 2009. According to data from the Bureau of Labor Statistics, about 11% of all workplace injuries to older workers were classified as fractures, with ankle and wrist fractures being most common. Older workers were found to be particularly vulnerable to the risk of workplace slip and falls.

CDC researchers say that without changes to the workplace to protect older workers, the rate of injury will continue to grow. Investigators recommend that employers ensure floor surfaces are clean, dry, well-lit and free from hazards that could cause workers to trip.

While the risk of falling at work increased with the age of the worker, the rates of being struck by, caught in, or crushed by machinery and tools actually decreased. Older workers were also less likely to suffer sprains, tears and strains.

As baby boomers continue to approach retirement age, the number of workers in the U.S. over the age of 55 is expected to rise from 19% to 25% by 2018. They are the fastest growing segment of the U.S. workforce, according to the CDC report.

Maryland Work Injury Lawyers

The Maryland accident lawyers at Saiontz & Kirk, P.A. represent workers who have suffered an on-the-job injury. If you, a friend or family member are injured in the course of your employment there are certain benefits and financial compensation you may be entitled to receive. To review a potential claim, request a free consultation and claim evaluation.

According to new research, individuals are more likely to suffer chronic pain after an auto accident than from other forms of traumatic injuries. Healthday News reports that Scottish researchers recently determined that being in car accident carries an 84% increased risk of chronic pain when compared to people who suffered another traumatic injury, such as work injury, surgery, bone fractures, hospitalization and childbirth.

Researchers indicate that there needs to be more studies that focus on the unique nature of auto accidents to discover why that specific kind of trauma increased the risk of chronic pain.

Following an accident, it is important to get prompt treatment and medical attention for a soft tissue auto accident injury. It is also important to obtain the services of a car accident lawyer if the crash was caused by the negligence of another person. A lawyer can ensure that your legal rights are protected while you focus on getting the treatment that you need. In addition, an injury lawyer can make sure you get the compensation you deserve as a result of the accident, including compensation for any chronic pain that may result from a car accident injury.

A recent article in the L.A. Times highlights how many insurance companies are now monitoring social media outlets for information they can use to reduce the amount of compensation they have to pay for an auto accident or other disability claim.

Some claimants have already found out the hard way. The L.A. Times described how one woman’s disability payments for depression were stopped by her insurance company after pictures of her in a pub and on the beach were posted on Facebook. The insurance company cut off payments, claiming that the photos of these isolated moments established that she did not suffer from depression.

Social media websites are being used more and more by law enforcement, employers, and insurance companies to perform impromptu, and often inaccurate, background checks on the public. However, these posts and photos can be misleading and may not convey the entire story.

Pictures of an injury claimant simply having a good time or posting about their activities of day-to-day life could be used against them to argue that they are not injured that bad. In addition, statements about a desire to avoid trial or reactions to settlement offers could reveal valuable information to the opposing side during negotiations.

At trial, if the information is admitted, a jury may take these posts or photos out of context and it may have a substantial impact on the compensation a jury awards for pain and suffering.

Some sites, like Facebook, have privacy settings that can restrict who can view information, but that does not mean that it will not be seen by the insurance company or discoverable during litigation. Others, like Twitter, are specifically designed to be seen by as many people as possible.

Individuals who are involved in a personal injury lawsuit, medical malpractice lawsuit, workers compensation claim or any insurance claim should be careful about what information is shared on social media websites.

Carbon monoxide is the leading cause of fatal poisonings in the United States and results in about 40,000 injuries each year. Because it contains no smell or color, it is hard for humans to detect and symptoms of carbon monoxide poisoning are often not promptly attributed to a potential CO leak.

Recent years have seen an increase in the number of non-fire CO deaths reported across the country. In 1999-2001, the average number of deaths per year was 122, but from 2005 through 2007 that number increased to 184 deaths per year. Most of those deaths were caused by heating systems and portable generators.

In 2010, there were 17 carbon monoxide deaths in Maryland reported, making it the deadliest year for Maryland carbon monoxide poisoning since 2003, when 21 people died.

Earlier this month, the U.S Consumer Product Safety Commission (CPSC) and U.S. Fire Administration (USFA) issued a home safety alert, providing consumers with several steps that can help avoid both carbon monoxide (CO) poisoning and fires by keeping fuel-burning home heating systems in good order and avoiding the indoor use of heating devices never designed to heat a home.

The following tips may help reduce the risk of carbon monoxide poisoning:

• Schedule a yearly professional inspection of all fuel-burning home heating systems, including furnaces, boilers, fireplaces, wood stoves, water heaters, chimneys, flues and vents.
• NEVER operate a portable gasoline-powered generator in an enclosed space, such as a garage, shed, or crawlspace, or in the home.
• Keep portable generators as far away from your home and your neighbors’ homes as possible – away from open doors, windows or vents that could allow deadly carbon monoxide into the home.
• When purchasing a space heater, ask the salesperson whether the heater has been safety-certified. A certified heater will have a safety certification mark. These heaters will have the most up-to-date safety features. An unvented gas space heater that meets current safety standards will shut off if oxygen levels fall too low.
• Do not use portable propane space heaters indoors or in any confined space, unless they are designed specifically for indoor use. Always follow the manufacturer’s directions for proper use.
• Never use gas or electric stoves to heat the home. They are not intended for that purpose and can pose a CO or fire hazard.

A pedestrian is a legal term for a person who is traveling on foot. Pedestrian accidents typically involve a collision between a motor vehicle and a walker or runner, often occurring as the pedestrian is crossing the street or while walking along the edge of the street.

An accident between a pedestrian and a car can cause catastrophic and life-threatening injuries, such as broken bones or a traumatic brain injury. Adhering to the following safety tips could help avoid many of the serious and potentially fatal injuries from pedestrian accidents in Maryland every year:

• Avoid dark pants and a dark jacket, which can make you nearly invisible to oncoming cars and trucks
• Wear reflective shoes or jackets. Many running shoes and winter coats feature reflective stripes, which can help you or your child be seen
• Always walk in a safe area, such as on the sidewalk or as close to the edge of the road as possible
• Cross streets only at designated cross walks or if no cross walk is around, near a corner or area with clear visibility in both directions

The Maryland pedestrian accident lawyers at Saiontz & Kirk, P.A. investigate potential personal injury lawsuits when a collision between a car and a pedestrian could have been avoided with the exercise of reasonable care by the driver.

The study, conducted by researchers from Johns Hopkins, found that black motorcycle riders were 1.5 times more likely to die from a motorcycle crash than white riders. The findings, published in the American Journal of Surgery, surprised researchers because they also discovered that black motorcycle riders were more likely than white riders to wear a safety helmet.

There are about 88,000 injuries from motorcycle accidents in the U.S. each year, the researchers noted. Those accidents result in the deaths of more than 4,800 people annually, and those numbers are rising even while other vehicle accident deaths decline.

Researchers say that the findings make it clear that riders need to do more than just putting on a helmet in order to avoid personal injury from motorcycle accidents. What is not clear, however, is why black riders are dying at a higher rate than white riders. The disparity is so great that black riders who wear helmets are more likely to die than white riders who go without one.

Prior research suggests a number of factors could be at play. Black motorcycle riders could be getting less quality care in emergency rooms, may have a greater number of pre-existing illnesses or injuries, or there may be differences in the types of helmets being used and bikes being ridden by black and white riders.

The Maryland motorcycle accident lawyers at Saiontz & Kirk, P.A. represent individuals who have suffered an injury while riding a motorcycle that was caused by the negligence of another vehicle or person.

A report by the Maryland Office of Health Care Quality recently determined that Ravenwood Nursing and Rehabilitation Center in Baltimore City harmed its residents when it failed to take action or alert the state when the air conditioning system failed earlier this month. It was one of two nursing homes in Baltimore City that had to be evacuated this summer because they did not have sufficient air conditioning to keep elderly residents cool.

After air conditioning systems in Ravenwood Nursing Home broke down on July 2, the state had to remove 150 residents from that facility, and it had to take similar actions at Liberty Heights Health and Rehabilitation Center, removing 74 residents from that nursing home.

In the case of Ravenwood, the nursing home management failed to tell the state that their air conditioning failed in a timely manner, leaving residents to swelter in 100-degree heat. Liberty Heights did not even have central air installed, according to state officials, instead using a number of individual units. When state officials evacuated the home, temperatures inside were reportedly 94 degrees.

The state reported that temperatures inside the nursing home’s walk-in refrigerator were up to 60 degrees, an unsafe temperature to store food. The door had been propped open with a food cart, presumably in an effort to cool the rest of the kitchen. The report indicated that administrators at Ravenwood knew for more than a year that the air conditioning system had problems.

The state fined the nursing home $52,500 and ordered it to create a correction plan within 10 days. It has three months to reach substantial compliance with state and federal nursing home regulations.

The elderly are generally considered to be at the highest risk of suffering injury and death during extremely high temperatures, making a lack of sufficient air conditioning an act of nursing home neglect and abuse. The soaring temperatures this summer should be no surprise for Baltimore city nursing homes, since Maryland is often subject to intensely hot and humid summers.

Nancy Grimm, director of Maryland’s Office of Health Care Quality told local media that the only reason the state learned about problems at Ravenwood was because a resident called 911. The facility could be cited for environmental deficiencies, and is currently shut down.

It is not the first time that the Baltimore nursing home, located in downtown, has run into trouble over claims of nursing home abuse and neglect. Previous inspections have found that the facility did not have proper preventative policies for nursing home abuse or theft of nursing home residents’ property. It also been cited for hiring people with a history of abusing and mistreating residents. In addition, the nursing home has failed to keep infections from spreading, and failed to control the use of drugs in the home.

BALTIMORE NURSING HOME NEGLECT LAWYERS

The Maryland nursing home lawyers at Saiontz & Kirk, P.A. investigate potential claims for abuse and neglect that result in a serious injury for a resident. Family members entrust the care of their loved ones to a nursing home, and when neglect occurs, it can have a devastating impact on the health and quality of life for residents.

To review a potential Baltimore nursing home lawsuit with our lawyers, request a free consultation and claim evaluation.