Driving in the winter...

As many of you know, my specialty is workers' compensation but in the other half of my practice I litigate car and truck accident cases. What most people don't know, is that this is my greatest fear…being involved in a multi-car collision. When I watch videos like the one posted below, my heart begins to race. I've been doing this for 20 years and the main cause of car accidents is someone driving too fast. Either the other person is driving too fast and loses control or you're driving too fast and can't evade a car that's lost control. Please please please…I've seen too much death and destruction caused by car and truck crashes. Drive slow. Wear a seat belt. And get home safe to your family.

Watch this video compilation of car and truck accidents on my Facebook page and hopefully learn something from it.

Marijuana Is Not Linked to Car Crashes

Because many of my Pennsylvania workers' compensation clients are injured in car and truck accidents--either as a long haul truck driver or delivery driver--this article from Reason.com caught my eye.  Further, given that more and more states are making the use of small amounts of marijuana legal, this topic is on the front edge.

In "the first large-scale [crash risk] study in the United States to include drugs other than alcohol," NHTSA found that, once the data were adjusted for confounding variables, cannabis consumption was not associated with an increased probability of getting into an accident.  Further adjusting for alcohol consumption made the crash risk of cannabis consumers equal to that of drivers who tested negative for alcohol and all other drugs. In other words, the study provides no evidence that marijuana use increases crash risk. Furthermore, the authors note, that result is similar to what the best-designed previous studies have found: a small or nonexistent increase in crash risk.

The Car You Are Most Likely to Die In...

Because many of my clients are involved in car or truck crashes, this article caught my eye.  Basically, the article describes what vehicles are the safest…and what cars are the most dangerous and most likely to cause serious injuries and death if it's involved in an accident.  The data was compiled by the Insurance Institute for Highway safety.  As you might guess, automobile insurance companies are very interested in lower the amount of injuries sustained in car crashes, thus lowering the amount of money they have to pay out for medical bills and damages in negligence lawsuits.

When you look closely at the list, the most dangerous vehicles are the smaller…or mini-vehicles.  The number one most dangerous car to drive is the Kia Rio.  So, check out the list…you have been warned.

As always, please feel free to contact me for a free evaluation if you've been seriously injured in a car or truck accident.

New Cure for Back Pain??

Many of my clients suffer from back pain.  Whether it is caused by a work related injury or a car or truck accident or a fall in the grocery store, I see back injuries all the time with my clients.  So, when I read stuff (and I read a lot of stuff...) I'm always interested in medical research related to the injuries and conditions that affect my clients.  That's why I was very interested in this new report regarding new research in curing back pain.....from RawStory.com:

"Up to 40% of patients with chronic back pain could be cured with a course of antibiotics rather than surgery, in a medical breakthrough that one spinal surgeon says is worthy of a Nobel prize. Surgeons in the UK and elsewhere are reviewing how they treat patients with chronic back pain after scientists discovered that many of the worst cases were due to bacterial infections.

Specialists who deal with back pain have long known that infections are sometimes to blame, but these cases were thought to be exceptional. That thinking has been overturned by scientists at the University of Southern Denmark who found that 20% to 40% of chronic lower back pain was caused by bacterial infections.

“This will not help people with normal back pain, those with acute, or sub-acute pain – only those with chronic lower back pain,” Dr Hanne Albert, of the Danish research team, told the Guardian. “These are people who live a life on the edge because they are so handicapped with pain. We are returning them to a form of normality they would never have expected.”

In the first report, they explain how bacterial infections inside slipped discs can cause painful inflammation and tiny fractures in the surrounding vertebrae. Working with doctors in Birmingham, the Danish team examined tissue removed from patients for signs of infection. Nearly half tested positive, and of these, more than 80% carried bugs called Propionibacterium acnes.

The microbes are better known for causing acne. They lurk around hair roots and in the crevices in our teeth, but can get into the bloodstream during tooth brushing. Normally they cause no harm, but the situation may change when a person suffers a slipped disc. To heal the damage, the body grows small blood vessels into the disc. Rather than helping, though, they ferry bacteria inside, where they grow and cause serious inflammation and damage to neighbouring vertebrae that shows up on an MRI scan.

In the second paper, the scientists proved they could cure chronic back pain with a 100-day course of antibiotics. In a randomised trial, the drugs reduced pain in 80% of patients who had suffered for more than six months and had signs of damaged vertebra under MRI scans.  Albert stressed that antibiotics would not work for all back pain. Over-use of the drugs could lead to more antibiotic-resistant bacteria, which are already a major problem in hospitals. But she also warned that many patients will be having ineffective surgery instead of antibiotics that could alleviate their pain."

So, in summary, this potentially could be a huge help in curing chronic, long-lasting back pain.  It really is a fascinating read.  Take a look at the link above.

Bradford and Lycoming counties record most crash-related fatalities in 2012

From The Towanda Daily Review: 

"Bradford and Lycoming counties had the most crash-related fatalities in 2012 in Pennsylvania Department of Transportation (PennDOT) District 3-0.  According to information released by PennDOT, Bradford and Lycoming counties each had 15 such fatalities each last year.  In each county, 14 were on state roads and one was on a municipal road. 

In addition, Bradford County had the most crash-related fatalities involving large trucks in 2012, with three, PennDOT noted. PennDOT Assistant Traffic Engineer Bill Houpt said there is no particular reason for the number of fatal crashes. When asked for comment by The Daily Review, he stated, "Each crash would need to be evaluated, based on the crash report and its own specific circumstances. Crashes (and fatalities) tend to be cyclical."  For example, total crash-related fatalities in Bradford County in past years are as follows: 2009, 10; 2010, 20; and 2011, 10."

My immediate thought is that the high amount of large truck related fatalities is related to the gas industry and the huge increase in truck traffic in Bradford County and the surrounding counties of Tioga, Sullivan and Susquehana.  Obviously, we don't know for sure without looking at each incident specifically.  But it's a quite surprising that one of the most rural counties in the state has the highest vehicular related fatalities in the Commonwealth of Pennsylvania.

Philadelphia Drivers Among The Nation’s Worst

For all of you Philly people....LOOK OUT!!  I'm often traveling to the Philly region for work and play.  Thankfully, I've never been in an accident.  But time is not on my side given this report.  The only advice I can give is to drive defensively, don't text and make sure you have good insurance.  Many people are surprised by the number of driver who don't even have insurance or have very minimal insurance.  But you can purchase additional insurance on your own policy to protect against those irresponsible drivers-- Un-insurance and Under-insurance.  Call your agent today and double check your coverage and make sure you have these types of coverages.  As always, if you have any questions, you can always just call or email me.  Drive Safe!

According to Allstate’s 8th annual “America’s Best Drivers Report,” Philadelphia ranks as one of the least safe driving cities, landing at number six on the list. The report ranks the 200 largest cities in terms of car collision frequency.  According to the report, the average driver in Philadelphia will get into an accident every 6.1 years. Philadelphia drivers were 64.1 percent more likely to get into an accident than the average driver.
The national average is one crash every 10 years.

The Deadliest Jobs in America

Click through to see an infographic on the deadliest jobs in America.  Some of surprising findings (all in year 2010)....

--219 workers died in Pennsylvania due to work related incidents.

--39% of work related deaths are transportation related.

--8% were women, 92% involved men.

--65 years and older workers are twice as likely to die at work than any other age group.

--8 million worksites, 133 million workers, only 2,200 OSHA inspectors.

--Most construction fatalities are caused by falls.

Even the gas industry truck drivers are nervous about accidents...

The following news article from the Towanda Daily Review demonstrates that not only your average Bradford County motorist is nervous with all the truck traffic, but also the truck drivers.  I'm glad to see that an organization that represents the truck drivers is attempting to limit the amount of truck accidents, collisions and fatalities in our area due to the ever increasing gas industry related truck traffic.

CANTON - A Pennsylvania and New York truck drivers' group concerned about the safety of their current route on Route 14 is asking for assistance from area municipalities.  This week, Canton Borough Council briefly discussed the request from the Professional CDL Drivers of Pennsylvania & New York. A letter dated Feb. 15 was forwarded to the borough from the group. It was not signed by a person. Only the group's name and an email address was provided at the bottom of the letter. 

In the correspondence, the drivers expressed concern about the curves, hills, and lack of shoulders along many sections of Route 14 between Elmira, N.Y. and Trout Run. "I am sure that you are just as aware of the safety record of this stretch of road as we are, with the dozens of accidents, multiple fatalities, with all types of vehicles involved," the group stated in the letter. The drivers claimed they "battled" with their companies to change the route with no success. They said the route saves eight miles.  But the drivers said the "vast improvements" to U.S. Highway 15 have made 15 "a much safer option." 

In the letter, the drivers said they understand that all truck traffic cannot be completely eliminated along Route 14, but said they felt all "Thru Truck Traffic" should be restricted. "In reality, it would only take one town to restrict thru truck traffic to make a difference, but better yet, we would love to see all the towns join together and restrict thru truck traffic, to make a difference and take a stand on traffic safety." 

Council didn't take action on the request, however.

The Case of the Short Truck Driver

On June 26, 2007, plaintiff Henry Gfroehrer, 43, a furniture deliveryman, and his passenger and co-plaintiff, Andrew Skelton, also a furniture deliveryman, were in a box truck and traveling on East Mountain Drive, through the intersection with Route 155 North, in Plains Township, when they were involved in a broadside collision with the tractor-trailer driven by Steven Calice, who was driving on Route 155.

Gfroehrer suffered numerous injuries during the accident, including to his head and spine.

Gfroehrer and Skelton sued Calice and his employer, Werner Enterprises. It was alleged that Calice had been negligent in the operation of the tractor-trailer, and that Werner Enterprises was vicariously liable. In addition, the employer was accused of negligent hiring and negligent entrustment.

According to Gfroehrer and Skelton, Calice ignored a sign on a nearby highway indicating that trucks over 10-and-a-half tons were not to use exit 105 (which leads to Route 155 North) and, in proceeding toward Route 115 North, allegedly passed by other signs that clearly would have alerted him that he should not be traveling along the route in question.

Calice allegedly lost control of his tractor-trailer after his brakes caught fire as he traveled at a rate of speed grossly in excess of posted speed limits. After the failure of the brakes, Calice's truck blew the red light at the intersection of Route 115 North and East Mountain Drive, and violently collided with the driver's side of the box truck, which the plaintiffs claimed was lawfully proceeding through a solid green traffic signal.

With respect to the claims against Werner Enterprises individually, plaintiffs' counsel asserted that Calice was unqualified and unfit to drive his tractor-trailer, and that Werner Enterprises knew as much yet allowed him on the road despite his sub-par qualifications and inadequate training.

Plaintiffs' counsel noted that Calice's physical stature (4'10" and 95 pounds) posed practical issues during his training at Werner, as Calice had difficulty reaching the pedals and seeing over the steering wheel. Furthermore, Calice received test results far below those of the average driver-in-training.

The case proceeded to trial with Gfroehrer as the only plaintiff, as Skelton and his wife (who had a derivative claim) settled for an undisclosed amount prior to trial.

Calice stipulated as to negligence, but Werner Enterprises did not.

Werner Enterprises argued at trial that, in light of the fact that Calice's tractor-trailer had been out of control prior to the collision, Gfroehrer should have observed the tractor-trailer approaching, and refrained from entering the intersection.

(In response, Gfroehrer testified that Calice's vehicle gave no indication that it was not going to stop, that Calice did not sound his horn, and that he had not heard any screeching brakes.)

The jury found that Werner Enterprises had been negligent with respect to the accident, and that both the company's and Calice's negligence had been factual causes in bringing about Gfroehrer's injuries.

No contributory negligence was found as against Gfroehrer.

Gfroehrer was awarded a total of $4 million in damages.

Thanks to VerdictSearch.com for this information.  Click here for a full free report, including what type of injuries the Plaintiff suffered that justified such a large verdict.

SUPERTRUCK!!

I have a bad feeling about this one....

From CNN.com:

Could tractor-trailer rigs almost as long as Boeing 737s be driving on a highway near you? If a new transportation bill proposed by House Republicans passes, the answer is yes, and the safety ramifications would be astronomical, say congressional opponents of the bill and the AAA Auto Club. 

The American Energy and Infrastructure Jobs Act introduced Tuesday by Republicans would authorize about $260 billion over five years to fund federal highway programs.The legislation also contains a controversial provision allowing heavier tractor-trailer trucks on highways by increasing the federal weight limit from 80,000 pounds to 97,000 pounds. In some cases, it would allow 126,000-pound trucks onto highways. 

The legislation also allows the largest rigs, which comprise two and sometimes three trailers, to be as much as 10 feet longer -- a total length of more than 100 feet. 

While statistics from 2010 show overall traffic fatalities declining across the nation, truck crash fatalities actually increased 9%, to 3,675, according to statistics from the Truck Safety Coalition.

Gas Industry Truck Crashes

Many of our clients, either workers' comp clients or personal injury clients, come to us due to work related car or truck crashes. As you can tell by merely reading the Towanda Daily Review or the Sayre Morning Times, the amount of crashes in Bradford County has increased significantly. This is all related to the boom in the Marcellus Shale gas drilling. It seems like every other day there is news of another fatality due to a gas drilling truck accident. Below is an article from a Missouri lawyer about the specifics of truck crashes and their differences with car crashes.

Over the last few weeks there have been quite a few tractor trailer truck accidents and bus accidents. Inclement weather like we've been experiencing has been responsible for many of these truck accidents, but accidents occur even in the best of conditions. If you or a family member is hurt in an accident, it is important you understand the difference between truck and bus accidents and passenger vehicle accidents. The difference is important.

The first difference is plain to see, due to the size of vehicles such as trucks, busses, and other forms of commercial transportation accidents are far more likely to lead to serious injuries or even fatalities than accidents with passenger cars and trucks.

The next difference is not that obvious. There are a lot of people out there who assume that truck accident laws are the same as car accident laws. That is not the case.

There are many more laws and regulations controlling the operation of commercial motor vehicles than those that regulate driving the family station wagon. If you think about it the extra laws make sense. These vehicles are big, they sometimes carry dangerous cargo, they are on the road for considerably more time, and they often have more equipment which provides greater opportunity for failure. The laws providing oversight for the commercial vehicle industry and specifically for tractor trailers require trucks to be routinely maintained and inspected in order to prevent catastrophic failure. They require the vehicle to be driven in a safe manner (there are more types of traffic tickets that can be issued to commercial vehicles and regular tickets are harder to fight when you have a CDL). Also, there are many rules and regulations meant to supervise driver conduct. Drivers can only drive for so many hours and must rest for specific periods of time before they can drive again. In my opinion, the violation of any of these rules and regulations instantly makes the driver and the trucking company liable for the injuries that result.

A final difference is who could be held responsible for the accident. In an accident between two passenger vehicles the fault generally lies with one of the drivers. Commercial vehicle drivers are usually driving for work. This means that if they act inappropriately, were acting within the terms of their employment, or shouldn't have been allowed to drive the company might be responsible for the driver's accident. Not to complicate the issue; there are also scenarios where what the driver is hauling or what vehicle they are driving can bring more responsible defendants into the case. An accident with a vehicle such as a commercial truck could put any number of parties at fault, including: the truck driver, truck leasing company, the truck's maintenance company , the manufacturer of the truck, the loading company, or even the municipality or county government who maintain the road where the accident happened.

If you're involved in a truck accident or bus accident, you should start by following the steps you normally would take after being involved in an accident. However, truck accident will require extra work by the victim or the victim's attorney because there are more records and evidence to track down, and this information must be gathered immediately. These include the name of the trucking company and all the DOT numbers on the truck and the trailer. In some instances you must also recover the "black box" information from the computer that records certain information about the truck's speed, braking, and other accident related information.

Truck accidents will most likely involve a corporate legal team working against you. Truck and bus companies are, after all, usually big corporations. They have legal departments whose sole responsibility is handling cases like your accident. There will be experts and investigators lined up and ready to respond to an accident at any time. Often times the trucking company will have a lawyer and a legal team respond to the accident along with the police and ambulance. Those companies will have a team of lawyers representing them; you need an experienced truck accident lawyer representing you.

James Brown is a Missouri injury lawyer in St. Louis. If you are hurt in a car accident you need to know the common mistakes car accident victims make when talking to insurance adjusters that ruin their accident claims. Request a free copy of his Missouri accident guide, "I Survived! The Crash Victims Guide to Surviving the Aftermath" at his website http://www.themissouriinjurylawyer.com

Highway Deaths Rise in 2010 After Hitting Historic Low in 2009

We all think the same way about car and truck crashes....it won't...can't... happen to me. But deep down inside we know that this really isn't true at all. People are involved in crashes every day and are seriously injured and killed every day. But I'm the same as everyone else, even though I see the results of these crashes all the time and deal with the grieving families all the time. I still think it won't happen to me.

Let this be a small reminder to all of us-- if you're not careful when you're driving....you could be one more statistic. There are only a few simple rules to follow and you will significantly decrease the chances of being in a crash: Wear your seat belt; Drive defensively and slowly; Don't text and drive; Don't drink and drive.

Or, you could be one of the statics listed in this article from the Wyalusing Rocket Courier:

Deaths in crashes on Pennsylvania highways climbed to 1,324 in 2010, an increase of 68 from the year before, according to Acting PennDOT Secretary Barry J. Schoch, P.E.

“Fatality statistics are not simply numbers; they represent the many families that suffered the loss of loved ones on Pennsylvania roads last year. Although there is nothing we can do or say to ease the pain of losing a loved one due to a crash, we will continue to look for the best ways to keep highway travelers safe,” Schoch said.

While still too high, modern highway deaths are still well below those reported 20 and 40 years ago. In 1990, there were 1,646 traffic deaths in Pennsylvania. In 1970, there were 2,255 fatalities.

Unbuckled fatalities in-creased to 524 last year, up from 451 in 2009. The seat-belt use rate in Pennsylvania was 86 percent last year.

Fatalities in crashes that involved a 16- or 17-year-old driver increased from 40 in 2009 to 57 last year. Highway fatalities involving 65-year-old and older drivers dropped from 276 to 266 in the same time period.

Alcohol-related deaths increased from 442 in 2009 to 444 last year. Fatalities in work zones dropped to 21 in 2010 from 23 a year earlier.

Speeding-related and aggressive-driving related deaths also increased last year. Speeding-related deaths jumped from 231 in 2009 to 284 last year while aggressive-driving-related deaths increased from 130 to 168.

Motorcyclist and bicyclist deaths also increased last year. Motorcyclist deaths rose to 223 in 2010 from 204 a year earlier, and bicyclist fatalities increased from 16 to 21 in that same time period.

More issues involving gas industry truck traffic

As my regular readers know, I am often pointing out the issues that have been created by the significant increase in truck traffic in Northeast Pennsylvania, specifically Bradford, Tioga, Sullivan and Susquehana Counties. I have written about many of the truck accidents that occur every day. But one of the issues of increased heavy truck traffic is the damage done to the roads. From The Towanda Daily Review:

Gas industry trucks are expected to cause additional damage to roads in Bradford County during this year's freeze-thaw cycle, an assistant maintenance manager with the state Department of Transportation.

"We expect some ... road breakage" to occur during the freeze-thaw cycle, said Warren Knapp, assistant maintenance manager for PennDOT in Bradford County.

Knapp said that he hoped that when the gas companies "see the road beginning to fall apart," they would take the pro-active step of ceasing to drive on the road so that area residents can continue to use it.

Knapp made his comments at a summit meeting on traffic and road issues that took place Tuesday at Bradford County's 911 center.

The summit meeting, which was organized on behalf of the Bradford County commissioners and the Bradford County Emergency Services Department, was also attended by officials from the state police and several gas drilling companies, all three Bradford County commissioners, the Troy and Towanda police chiefs, the Wysox and North Towanda fire chiefs, and representatives from the Bradford County Emergency Services Department and Bradford-Susquehanna EMS Council.

During last year's freeze-thaw cycle, there was "some very, very severe road breakup" in areas of Bradford County, with other areas receiving lesser damage, Knapp said. The damage has since been addressed, Knapp said.

Another gas worker fatality in the Marcellus Shale

There has been another gas worker fatality in Bradford County, Pennsylvania. In this unfortunate and sad instance, a dump truck driver hauling stone to a well site lost control of the truck and ran off the road. The accident occurred on Overton Road in Overton Township, Pennsylvania. Here is a link to an article on the incident from the Towanda Daily Review.

There was another Marcellus Shale gas drilling truck accident yesterday as well. A crane used at one of the drill sites overturned near Granville Township, Bradford County, Pennsylvania. Fortunately, the driver in this incident was not injured, as per the article about the incident in the Towanda Daily Review.

It appears that these types of truck accidents have been occurring on a regular basis. Why is that? Is it due to the amount of truck traffic on the road-- the more traffic will naturally generate more accidents? Is it that the gas workers are being worked too hard and not given enough down time? I don't know the answer.

Water tanker truck rolls over in Camptown, PA

Via the Towanda Daily Review:

A Williamsport man was transported to Robert Packer Hospital after the water tanker truck he was driving rolled over in an accident Monday night on state Route 409 in Camptown, police said

The truck, which was operated by 49-year-old William McClelland of Williamsport, was carrying a full load of fresh water to a gas well site, state police said.

The truck was coming down "a steep grade" at the time of the accident, State Police Cpl. Roger Stipcak said. "It looks like his brakes failed" and the vehicle gained speed on the incline, he said.

C&C Law has been seeing a lot of these types of truck accidents. In many instances bad roads are the cause of the problem. There has been a significant increase in the amount of truck accidents in Bradford County and surrounding counties due to the Marcellus Shale gas drilling.