While seat belt laws remain a secondary offense in many states, only allowing police to issue a citation for not wearing a seat belt if a driver is pulled over for another offense, states that have adopted stricter seat-belt laws, which make the lack of a seat belt a primary offense, are seeing positive results, reducing the risk of death or serious injury from auto accidents.

According to a recent study published in the American Journal of Public Health, strict seat belt laws have a big impact on teen drivers, creating good seat belt habits that are likely to increase their safety throughout the rest of their driving years.

Researchers looked at the 2006 National Young Driver Survey and a sample of 3,126 high school drivers. They found that teen drivers were 12% less likely to wear a seatbelt while driving in states that do not have primary seat belt laws. The rate was even worse for teen passengers, who were 15% less likely to wear a safety belt in those states where the police cannot pull you over simply for not buckling up.

In states where seat belt laws are only a secondary offense, teens were less likely to get into the habit of wearing a seat belt as they went from learner to unrestricted license holder. Teens were also less likely to wear safety belts in those states if they lived in rural areas, drove pickup trucks, were academically challenged or were African Americans.

The undisputed fact is that seat belts save lives and prevent catastrophic injuries every day. Auto accidents are going to happen (at least until we are all riding in self-driven Google cars), so it is important to establish the habit of seat belt use early and strict enforcement laws have a clear impact on increasing use of seat belts.

According to the report, “Miles to go: Monitoring Progress in Teen Driver Safety”, substantial progress is being made to reduce the risks associated with car accidents involving teen drivers. However, injuries sustained in accidents continue to be the leading cause of death for teens, with traumatic brain injuries and skull fractures following car crashes accounting for about 30% of the 55,000 serious injuries that occurred in 2009 and 2010.

Researchers determined that states with the most stringent driving laws had lower numbers of children who died in car crashes. States with loose driving laws had significantly more teen car accident deaths. Those laws often require the teen to have at least 50 hours of adult-supervised driving experience, limits the number of passengers a teen driver can carry, requires seat belt use and restricts the amount of driving that can be done at night.

The report also found that teens were more likely to adhere to seat belt laws in states with the strictest driving rules.

Overall, researchers saw improvements in teen driving safety over the last several years. From 2005 to 2010 the death rate among teen drivers dropped 46 percent, according to the report.

In an editorial published last month in the Canadian Medical Association Journal, Dr. Donald Redelmeier indicates that the current approach of restricting a senior citizen’s ability to drive only after they have a number of moving violations may need a more proactive approach.

According to the editorial, mandatory screenings should be required, because seniors are not only likely to have slower reflexes and perception, but may be on medications that impair their reaction and ability to drive well. A study by the AAA foundation in 2009 found that 69% of Americans 55 and older are using medications that may impair their driving skills.

While the odds any such a measure becoming law in the U.S. seems extremely remote, it raises the question of why stop with seniors? If doctors believe that drivers must establish that they are medically fit to drive, why not make that a requirement for all drivers, as even younger adults could develop conditions that impact their ability to safely drive?

The study was published in the latest issue of the Journal of the American Medical Association (JAMA), indicating that there was an average of 13 more road fatalities annually on the day income taxes are due in the United States than on any other day.

Researchers collected crash data from the National Highway Traffic Safety Administration (NHTSA) on tax day from 1980 to 2009.

They found a six percent spike in road fatalities that affected drivers, passengers and pedestrians. On a normal day around the same time of year, there were an average of 213 fatal crashes. However, on tax day the average rose to 226.

Although the data does not provide causes, the researchers speculate that the increase is a combination of the increased number of people on the road trying to file at the last minute, many of whom are stressed out. Some of that stress comes from waiting until the last minute, but in other cases it is possibly because tax filers waited until the last minute because they owe, often for the first time, and are worried about their tax situation.

The stress leads to distracted drivers, which leads to auto accidents which sometimes turn fatal, researchers said. While the study focused on fatal crashes, the researchers noted that they saw an increase in non-fatal accidents as well.

Although April 15 is typically tax day, this year tax day falls on April 17th due to the weekend, so be careful. While it is probably too late for advice like “file earlier”, hopefully with the increasing number of electronic filings, this increased risk of auto accidents on tax day will disappear in future years.

The use of 15 passenger vans is particularly common among churches, colleges and other organizations, and they are typically not operated by commercial drivers or companies with a focus on the safe transport of people.

The advisory was issued by the National Highway Traffic Safety Administration (NHTSA) on March 22, urging everyone travelling in 15 Passenger Vans to use a seat belt on every trip.

The NHTSA also warns that the vans are particularly sensitive to loading and warns that they should not be overloaded under any circumstances. When overloaded, the vans are at an increased risk of suffering a rollover accident, and the vans generally handle poorly and are more unstable when overloaded.

Another factor that could increase the risk of a rollover accident with a 15 passenger van is poor tire pressure. The NHTSA urges all vehicle users to insure that the tires for their vans are the appropriate size and properly inflated before every trip. Spare tires should not be used as anything more than emergency replacements, as they are often older, and most tire manufacturers call for vehicle operators not to use tires that are older than 10 years.

Other tips from the NHTSA include:

• Owners should make sure the vehicles are regularly maintained.
•  Owners should have suspension and steering inspected according to the manufacturer’s recommended schedule and make repairs and replacements as needed.
•  Drivers should be properly licensed and should have experience operating 15-passenger vans.

According to the report, the complaint was filed last month in Baltimore City Circuit Court after a doctor who was supposed to remove a cyst on the ovary on the left instead operated on the ovary and fallopian tube on the right. The complaint alleged that the doctor was not supposed to remove any of the woman’s organs, failed to get proper consent and has left her with reduced fertility and the need for additional surgery.

Making matters even worse, the plaintiff alleged that the doctor did not tell her she had removed the wrong ovary, even after she returned days later complaining of pain on her right side. The lawsuit claims that the plaintiff did not discover the mistake until she went to a local emergency room, which discovered that the left ovary, with the cyst, was still in place and the right ovary and fallopian tube were gone.

Wrong site surgery is generally considered a “never event,” or a mistake that is inexcusable and should never occur.

The American Academy of Orthopaedic Surgeons has indicated that wrong site surgery is caused by “poor preoperative planning, lack of institutional controls, failure of the surgeon to exercise due care, or a simple mistake in communication between the patient and the surgeon.” The academy noted that 84% of wrong site surgery lawsuits against orthopaedic surgeons resulted in payments to plaintiffs, as opposed to 30% of other orthopedic surgery claims.

A number of studies have found that wrong site surgery mistakes can be almost entirely prevented when medical staff use extensive checklists, mark operating sites while the patient is still conscious, and confirm those sites with the patient, checklists and other members of the surgery team.

The Maryland malpractice lawyers at Saiontz & Kirk, P.A. handle potential cases for wrong site surgery and other surgical errors.

There were 531 Maryland children with harmful levels of lead in their blood in 2010, according to figures released by the Maryland Department of the Environment, 22 less children than the year before. The number represents less than .05 percent of the state’s youth.

Most of the cases of lead poisoning were in Baltimore, which also saw its numbers drop by 33 children for a total of 314 in 2010.

However, state officials say that while they are making progress in preventing lead poisoning in old rental units, they are seeing an increase in lead poisoning cases in newer, unregistered rental homes and owner-occupied homes. Neither of those type of dwellings fall under current state or federal lead poisoning prevention laws.

Investigators say 60% of the new cases of childhood lead poisoning in Maryland last year were in homes not covered by state and federal lead poisoning prevention rules. Lead poisoning cases in owner occupied homes rose to 149 in 2010, an increase of 20 cases. The number of cases in unregulated rental units nearly tripled, with 66 new cases last year. There were only 37 total cases in 2009.

Lead-based paint was banned in 1978, but many children living in older urban residences are exposed to old lead paint in poorly maintained apartments. Children can reach dangerously high blood lead levels through exposure to lead paint dust or by eating paint chips. Lead poisoning can cause developmental delays, behavioral difficulties and other health problems.

The Maryland legislature has commissioned a study group to make recommendations on how to prevent lead poisoning in homes not covered by state and federal laws.

MARYLAND LEAD POISONING LAWYERS

The Maryland accident lawyers at Saiontz & Kirk, P.A. review potential claims for individuals who have experienced damages from lead poisoning throughout the state.

Maryland Courts and Judicial Proceedings Code Ann. §10-1101 to §10-1105 (2011) outline the new requirements for a Maryland accident lawyer or individual injured in an accident to obtain information about the maximum amount an insurance company may be required to pay to satisfy all or part of a claim.

After written documentation is provided about the circumstances surrounding a Maryland accident and the injuries sustained, an insurance company must fully disclose the extent of the insurance policy limits within 30 days so long as the claim involves a death or injuries that resulted in at least $12,500 in bills or lost wages.

According to the requirements of the statute, the lawyer or claimant must provide written documentation including the date of the accident, the name and last known address of the driver or tortfeasore, a copy of any accident report, the insurance company’s claim number, lost wage documentation, medical bills and copies of medical records for injuries caused by the accident. If the accident resulted in death, a copy of the death certificate, letters of administration for the estate and the name and relationship of each beneficiary of the deceased must also be provided.

Previously, a lawyer or claimant was only able to Maryland accident insurance policy limits information once a lawsuit was filed. However, obtaining this information prior to a complaint being filed may provide valuable information to assist individuals injured from an automobile accident in Maryland when deciding how to proceed with their claim and whether to accept a settlement offer.

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 study published online in the August edition of the journal Accident Analysis and Prevention, researchers found that pedestrians using mobile devices tend to distract them from their surroundings, making them 2 to 5 times more likely to get hit while crossing the street.

Most surprising to researchers was the fact that listening to music was the most distracting activity while crossing the street, with those listening to portable music devices having a 33 percent risk of getting hit by a car when crossing a two-lane road. Talking on the cell phone while crossing the street resulted in a 12% chance of being hit, and there was a 25% chance of being run over for pedestrians who texted while crossing the street. There was only a 6% chance of being struck by a car for those who were not using any electronic devices.

The study was conducted by the Youth Safety Laboratory at the University of Alabama at Birmingham in a virtual environment lab using 125 college students. Researchers said the outcomes showed a stark difference from what caused drivers to be most distracted. Listening to music isn’t considered a major distraction when behind the wheel, but apparently pedestrians rely far more heavily on their ears when crossing the street, they said.