The problem facing that city is one shared by many others around the country. Budget shortfalls have forced the city to decrease the funds it allocates to tree-trimming to less than 33 percent of the level it enjoyed only five years ago. The city could therefore take longer to eliminate the hazardous conditions created by diseased and rotting trees. But according to some arborists, proper tree maintenance is needed to help reduce the incidence of injuries caused by falling boughs.
]]> Diminishing budgets are not solely to blame, however. The lawsuits brought against the city demonstrate a failure on the part of parks employees to properly spot distressed trees and, in some cases where diseased trees were marked, a failure to remove the dangerous tree or branch before the accident occurred.Some of those who survived the crushing blows dealt by a falling branch now live with the effects of life-altering injuries. One young father endured spinal cord damage and significant head trauma in his accident. A high-school teenager now has memory problems after he was hit by a limb from an oak tree.
Premises liability requires the owner of property to abide by certain established standards to ensure that the property is safe. When those standards are not followed and injury results, the victim may be able to receive compensation if particular legal requirements are met.
Source: The New York Times, "Neglected, Rotting Trees Turn Deadly," William Glaberson and Lisa W. Foderaro, May 13, 2012.
]]>Nationwide graduated licensing laws that place restrictions on teen drivers, greater seat belt use, better safety equipment in cars, and anti-drunk driving campaigns have all contributed to a decrease in fatal crashes. In fact, the number of 16 and 17-year-old fatal auto accidents fell by more than half between 2000 and 2010.
]]> Despite this positive news, a study released this week indicates that the risk of teen drivers dying in a crash increases dramatically when other teens are in the car. A 16-year-old driver's risk of dying in a car accident increases 44 percent with one passenger under the age of 21 in the vehicle. The risk doubles with two passengers under the age of 21 and quadruples with three or more passengers of that age.If other young passengers in the vehicle increase the risk of an accident, adult passengers age 35 or older decrease the likelihood of an accident by 62 percent. Other factors that contribute to accidents include cell phones, texting and loud music.
As the summer months approach, experts advise parents to sit down with teens and discuss driving safety with them. By following a few simple rules, teens can enjoy their freedom on the road while decreasing the likelihood of being involved in an accident.
Source: The Town Talk, "Study: Crash risk soars when teens ride with teens," May 10, 2012
]]>Harley Davidson recently announced a positive 25 percent increase in motorcycle sales. The increase from last year is a great sign that the economy is improving but has some worried about the number of new riders on the roads. A few important tips for both automobile drivers and motorcycle drivers by the NHTSA could help reduce the number of crashes.
]]> Motorcycle riders are encouraged to follow lessons taught in safety courses. One factor in remaining safe on a motorcycle is simply to stay visible by keeping a generous distance away from other vehicles on the road, wearing bright-colored clothing, and a DOT-compliant helmet.Automobile drivers are encouraged to be vigilant about looking for motorcycles by checking mirrors and blind spots before changing lanes. Always use your turn signal, even if you don't see another vehicle nearby. Most importantly, be aware that motorcyclists have the same rights and privileges as other drivers on the road.
As more motorcycle riders begin taking to the streets, being aware of ways to avoid an accident is important. Hopefully these precautions will help decrease the number of roadway accidents this May, and each month following.
Source: Consumer Reports, "Motorcycle Safety Awareness Month reminds drivers, riders to share the road," Jeff Bartlett, May 1, 2012
]]>The truck was pushed into the intersection of US 61 and Barringer Foreman Road where it was then struck by two other vehicles. The Denham Springs driver who rear-ended the flatbed truck was pronounced dead at the scene, according to the East Baton Rouge Coroner's Office. Two of the drivers involved in the crash received minor injuries and the third driver was sent to the hospital for treatment of his non-life threatening injuries.
]]> Police are still investigating a cause of the accident and they submitted a sample of the deceased victim's blood to the Louisiana State Crime Lab to determine if alcohol was a factor. Police do not suspect the other drivers involved in the crash of being impaired. When someone is injured or killed by a drunk driver, or through the negligent or reckless actions of another, a personal injury or wrongful death claim can be filed.A personal injury or wrongful death suit allows the victim or surviving family members to seek compensation for medical expenses, lost wages and pain and suffering that result from their injuries. If you have been injured in a car or truck accident, consult with a personal injury attorney to learn what your rights are and steps you can take to obtain the compensation you are entitled to.
In light of this fatal crash Louisiana State Troopers want to remind people to never drink and drive, or let an impaired person get behind the wheel and always wear your seat belt. They want to use this opportunity to remind motorists of the importance of remaining alert and cautious at all times while driving.
Source: Weekly Citizen, "Denham Springs woman killed in car crash near U.S. 61," April 21, 2012
]]>Helen Haskell's son died from what she calls, "failure to rescue." Just 15 at the time, the teenager had opted for an elective surgery to correct a congenital heart condition. A medication he was given caused a perforated ulcer and internal bleeding, but staff failed to recognize the medical error.
Coping with the tragedy led Haskell to become a patient safety advocate. She founded the group Mothers Against Medical Error and partnered with local healthcare proponents to create a survival guide for those navigating patient processes. The guide was developed based upon Haskell's own experiences and contains helpful advice on how to prevent dire outcomes at the hospital.
]]>The mother urges patients and their loved ones to be aware of the chain of command that exists among physicians and nurses. Know who is who so that you can speak with someone higher up if problems are not being addressed, she said. You may also want to:
Bring an advocate: A trusted friend or family member can speak on your behalf and discuss your care with providers. They should also read your medical records to ensure that doctors and nurses are communicating care instructions accurately.
Prepare yourself for the procedure: Ask questions about the recovery process and who will be performing your surgery. What are the associated risks and benefits? How many times has a doctor done the procedure?
Take action to avoid infection: Bacteria are everywhere. Around one in 20 hospital patients contract infections during their stay. Prevent the spread of disease by wiping down high touch surfaces such as television remotes and bed rails with anti-bacterial wipes.
Source: The CT Mirror, "A patient survival guide, from a mother who learned too late," Arielle Becker, March 8, 2012
]]>The man was visiting the store a year ago last August when he encountered the crate, covered with a roll of fabric and serving as an aisle display. He then stumbled over the obstacle, resulting in an allegedly forceful and violent spill when the fabric roll struck him below the knee. The tumble is believed to have caused renal (kidney) failure and rhabdomyolysis, or rapid skeletal tissue breakdown.
A claim filed by the decedent's wife asserts that the man experienced great pain and suffering prior to his death, 14 days after the incident. According to media reports, she appears to be pursuing compensation for loss of companionship, funeral and burial costs, and medical expenses.
]]> Under premises liability law, owners can be held responsible for injuries incurred on their property due to hazardous conditions. The success of the lawsuit will likely depend upon whether the store was negligent in its placement of the display, located in the middle of an aisle and purportedly hard to spot.Lawyers for the claimant may also have to prove Walmart personnel were aware of the tripping hazard and failed to adequately warn customers about its dangers. An unspecified judgment above minimum circuit court jurisdictional limits is sought in the case, along with damages exceeding $100,000. The complaint contains six counts and was made late last month.
Source: The Madison Record, "Walmart trip allegedly caused renal failure and death," Kelly Holleran, April 5, 2012
]]>Researchers from both the American Transportation Research Institute and the Virginia Tech Transportation Institute found that trucks equipped with "speed limiters" had a lower crash rate than those without the gadget. 18-wheelers with the device had an 11 percent crash rate, compared to 16.4 percent for trucks whose speeds were not capped.
The study collected data from 20 commercial carriers from the calendar years 2007 to 2009. A representative with the American Trucking Association expressed hopes that the research would strengthen calls to the National Highway Traffic Safety Administration to make speed limiters a requirement on all commercial vehicles.
]]> Yet, the device does have a downside. It would potentially create significant speed deviations between trucks equipped with the gadget and other motor vehicles. Those deviations could negatively impact traffic flow and perhaps even cause crashes.Researchers with the study dismissed such concerns, noting that the safety benefits associated with a reduction in trucks' absolute speed far outweighed any possible risks. That seemed to be explanation enough for ATA President Bill Graves, who encouraged agencies to move forward swiftly with laws to mandate installation of the device on all commercial trucks manufactured since 1992.
Such ATA initiated petitions have been circulating for some six years. But should legislation go into effect, the legal ramifications of speed limiters in the event of a crash remain unclear.
Source: Heavy Duty Trucking magazine, "New Study Finds Safety Benefits of Limiting Truck Speeds," March 29, 2012
]]>Proponents of the practice argue that physician dispensed medications give patients improved access at lower costs and may increase their adherence to prescribed regimens. However, opponents are concerned that eliminating pharmacists reduces regulatory oversight and removes a critical second check by a third party that could catch potential prescription errors.
According to a 2007 Institute of Medicine report, medication errors are most often made during the prescribing process. At least half of those are detected and corrected when pharmacists review the medication's appropriateness. But when physicians both prescribe and dispense, a crucial safety net may be eliminated.
]]> Other concerns include the possibility of lax procedures for safe medication storage, labeling and record keeping, which might easily be overlooked in a busy health care facility. Some also cite conflict of interest. Many note that physicians profit from medication sales, which might arguably encourage them to prescribe unnecessary drugs.Dispensing physicians are already permitted in most states, including Louisiana. However, doctors are subject to many regulations and are generally restricted to dispensing only samples. But if you do pick up your medication from the doctor's office, it may be wise to look twice at the label.
A prescription error that results in death or injury could be cause for a medical malpractice claim. A doctor who fails to take into account known drug allergies or adverse reactions with current medication might be considered negligent, and the wronged party entitled to damages.
Source: Philly.com, "When doctors - not pharmacists - dispense meds," Michael Cohen, March 13, 2012
]]>No surprise, considering almost half of truck operators reported they rarely or never sleep well on a work night. That number is compared to 29 percent of bus drivers, taxi drivers and limousine drivers, who said their schedules allowed for more regular sleep.
Falling asleep at the wheel or dealing with drowsiness is a known cause of motor vehicle crashes across the nation each year. Driving sleep deprived slows reaction times, and is thought by many to be similar to cruising while impaired by alcohol. To perform at their best, researchers suggest, transportation operators must effectively manage sleep.
]]> One out of every five truckers reported taking naps during the work week. Of those, 42 percent said they snoozed while on the clock, compared to only 19 percent of non-transportation workers.The arguably needed sleep breaks are not going unnoticed. Federal officials recently released new rules for truck drivers, cutting the maximum work week from 80 to 72 hours and preventing operators from climbing back behind the wheel prior to 5 a.m. Industry leaders contested that the changes will do little to improve roadway safety, and will only increase traffic congestion.
The ultimate effect of the legislation is debatable. Even with scheduled rest periods, transportation operators still maintain schedules that conflict with normal sleeping times and compete with the natural need to catch some ZZZs, said a sleep researcher with the Walter Reed Army Institute of Research.
Source: The Washington Times, "Not getting enough rest a problem for operators of planes, trains, trucks" Ben Wolfgang, March 6, 2012
]]>The congestion was due to a stray dog that was wandering the westbound lanes east of the bridge. State troopers were on site assisting animal control officers in capturing the animal and removing it from the roadway when the truck crash occurred. The troopers had blocked traffic to ensure the dog's safe recovery.
An accident investigation revealed that the 18-wheeler driver who did not stop for the traffic jam swerved into the center of the roadway, straddling both westbound lanes. His truck then struck a motorcycle and three other vehicles. The male motorcycle driver was pronounced dead at the scene. No other injuries were reported.
]]> Two of the five drivers involved in the crash are from Acadiana, one hails from Youngsville and one from Abbeville. The deceased was identified as a 64-year old Oregon resident.The driver of the 18-wheeler believed to be at fault in the accident has been charged with reckless operation and negligent homicide. The 61-year old male was booked into Iberville Parish prison several days after the incident, reveal media sources.
According to reports by Louisiana state troopers, the crash occurred around 5 p.m. Alcohol impairment was not believed to have been a factor in the accident, as voluntary breath samples from all involved returned no evidence of intoxication.
Source: KATC News, "Troopers have identified vehicles, drivers in I-10 accident," Lauren Wilson, March 2, 2012
]]>Last week around 12:10 p.m. on Wednesday, a 25-year-old driver missed his exit on Interstate 10 near the interchange with Interstates 12 and 59. Louisiana State Police investigators believe after the driver missed the exit, the driver reversed his vehicle and partially drove into the roadway. As the driver reversed into the roadway, the truck driver of an oncoming 18-wheeler lost control of the truck and hit the car. The driver of the car and his passenger suffered minor to moderate injuries.
As the truck driver lost control of the semi, the truck turned over on its side and because of the accident the tanker began to spill 4,000 gallons of spent caustic. Fire crews responded to the accident to stop and clean up the spill. Crew members shut the interstate down briefly and then opened one lane for travel.
Crews reduced the potential of danger from the chemical by transferring the caustic to another tanker. According to St. Tammany Parish First Protection District Chief, the spent caustic carried by the 18-wheeler can cause a chemical burn if a person's skin comes in contact but the chemical did not pose an airborne danger. The process of transferring the spent caustic and cleaning up the wreck began around 4:30 p.m. last Wednesday and was estimated to continue through the night.
]]> According to state troopers, the driver of the car will be cited with improper backing.Source: nola.com, "Car was backing up to missed I-10 exit when wreck with tanker occurred," Ramon Antonio Vargas, Feb. 22, 2012
]]>According to a recent report issued by the Governors Highway Safety Association, deaths among teen drivers in the first six months of 2011 increased in comparison to the same time period in 2010. If the upward trend continued during the second part of 2011, it would mark the first increase in teen driver deaths among 16-to 17-year-olds in eight years. Historically, more teen driver deaths occur during the second six months of the year. Statistics for the second half of 2011 will be released later this year.
During the first six months of 2011, the total number of teenage driver deaths increased to 211 from 190 during the same time period over the previous year. The change represents an 11 percent increase. The spike in the number of teen driver deaths is significant because the death rate among teen drivers was reduced by more than 50 percent. In 1995, there were more than 1,000 deaths among 16-to 17-year-old drivers and in 2010 there were only 408 deaths.
]]> Experts believe the jump in deaths may be linked to a few factors. Over the last few years, the economy has been tough and the difficult economy may have prevented some teenagers from learning how to drive. Since the economy has picked up a little bit, it may be easier for teens to pay for fees associated with learning to drive like gas and licensing costs. Another factor may be that the benefits of graduated licensing laws may have leveled off.Source: The New York Times, "Fatalities among teenage drivers rose in first half of 2011, study finds," Tanya Mohn, Feb. 16, 2012
]]>Early last Friday morning a driver in a Jeep Grand Cherokee was traveling east in the westbound lanes of Interstate 10 outside LaPlace, Louisiana. Around 3 a.m. the driver traveling the wrong direction crashed with another vehicle head-on. The Jeep Grand Cherokee burst into flames. The vehicle that was hit had four people inside. The driver of the Jeep and the four people in the vehicle the Jeep hit died at the scene of the accident.
After the head-on collision occurred, a semi sideswiped the car accident scene and another vehicle hit the tractor-trailer. The drivers of the semi and the vehicle suffered minor injuries.
The four people who were traveling in the vehicle hit by the Jeep ranged in age from 30 to 19. The two people in the front of the vehicle were wearing seat belts and the passengers in the back were not.
]]> The Louisiana State Police said they received multiple reports of the wrong way drive just before the deadly crash occurred. At this point, investigators have not determined why the driver of the Jeep entered the highway the wrong way.Source: The Washington Post, "Trooper: Five killed in wrong-way crash on Interstate 10 in Louisiana outside New Orleans," Feb. 10, 2012
]]>Last week, representatives in Congress introduced the American Energy and Infrastructure Jobs Act. The proposed law would provide $260 billion in funding for federal highway projects over the course of five years. The bill also contains a controversial provision that would allow for larger trucks on highways.
The provision would allow for larger trucks on highways by increasing the federal weight limit of commercial trucks from 80,000 pounds to 97,000 pounds. Under the provision, trucks as heavy as 126,000 pounds would be allowed on the road in some cases. In addition, the provision would also extend the length of commercial semis by 10 feet. The total length of big rigs under the provision could reach more than 100 feet.
Some drivers on the road already feel threatened by the current size of commercial trucks. Opponents of the controversial provision say the allowance of even larger trucks on the road would lead to more traffic fatalities because larger trucks would require greater distances to stop and heavier trucks would cause deadlier accidents.
]]> Proponents of the provision say the risks of heavier trucks can be mitigated by the requirement of a sixth axle. An added axle would help maintain the braking and handling of the larger rigs.One Congressman said the provision pits the efficiency of long-haul trucks against road safety.
Source: cnn.com, "New transportation bill creates safety concerns over bigger rigs," Greg Clary, Feb. 1, 2012
]]>This past Friday, two elderly ladies were killed after an 18-wheeler collided with the turning vehicle they were in on LA 38 East according to the Louisiana State Police. The fatal crash occurred just after 6 p.m. Friday. A 66-year-old woman was driving with three of other women. The ages of the other women were 74, 73 and 70. The group was in a 2005 Lincoln sedan and was traveling east on LA 38. The accident occurred after the driver of the Lincoln slowed to make a left turn.
As the driver slowed to stop, an 18-wheeler traveling the same direction behind the car did not notice the car slowing down. To avoid hitting the Lincoln, the semi driver swerved into the left lane. As the semi swerved into the left lane, the driver of the Lincoln began to turn left. The semi crashed into the left side of the car and killed the 74-year-old woman and 73-year-old woman riding in the back seat. The two elderly women were pronounced dead at the scene of the accident. The two women were not wearing seat belts.
]]> The driver of the Lincoln and the front-seat passenger suffered serious injuries and were airlifted from the truck accident scene. The two women were wearing seatbelts.The driver of the semi did not suffer any injuries and was charged with negligent homicide and negligent injury. Alcohol and drug impairment are not suspected by police.
Source: wwltv.com, "Two people killed in 18-wheeler accident in Kentwood," Chelsea Gaudin, Jan. 28, 2012
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