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Cell Phone Dialing and Texting While Driving - How Many Deaths and Serious Accidents Will it Take??

Craig Kelley — Wed, 16 Apr 2008 23:40:31 GMT

BEFORE we the people, our legislatures, or the proper lobbying groups DO SOMETHING ABOUT THIS CRAZINESS!!

If the sight of the drivers all around you on the interstate, dialing/using one driving arm to hold or dial their cell/smart phones scares you as much as it does me, you've got a right to be angry or concerned, or both.

Various studies have shown that driving while using a cell phone can be as dangerous as driving with a blood alcohol level over the legal limit. Estimates of the number of U.S. traffic deaths caused by cell phone talking while driving are generally in the 2,000 - 3,000 range with one hundred times as many injuries. Yes that is SEVERAL HUNDRED THOUSAND accidents caused by cell phones. NOW, add in text messaging!

The best remedy for this menace would be common sense by most drivers and a realization that the common practice is anti-social and dangerous. YEAH, RIGHT!

Legislation that say Cell phones may only be used hands-free, followed by tough enforcement, are the ONLY answer and need to be implemented.

I now use Bluetooth in my vehicle after formerly being a dangerous dialer/phone holder/texter until a few months ago. Use hands-free, dial ONLY when stopped, and never text in the car. I am going to write a whole series of blogs on this epidemic that will soon rise to surpass intoxication and fatigue as the leading cause of death, paralyzation, and serious personal injury, including lost careers and major medical bills.

Stay tuned!

Originally posted at InjuryBoard by Craig Kelley

Hewlett Packard Recalls Laptop Batteries due to Potential Fire Hazard

Sarah Cool — Mon, 18 May 2009 23:30:18 GMT

The U.S. Consumer Products Safety Commission has released news of a voluntary recall of lithium-ion batteries used in Hewlett-Packard laptop computers. The voluntary recall went into effect last Thursday, causing many people to turn their laptop computers upside down and look at the model number that appears on the top of the service label stuck to the bottom of the laptop. The model numbers of the batteries recalled include those with the following bar code labels:

62940^^AXV^^^^65033^^B7U^^^^
65033^^B7V^^^^
65033^^BGU^^^^65035^^B7U^^^^
65035^^B7V^^^^
65035^^BGU^^^^
65035^^BGV^^^^67059^^V8U^^^^
67059^^V8V^^^^

Already, two batteries with those bar code labels have overheated and ruptured, resulting in fires that caused property damage. Thankfully, no injuries have been reported. HP has asked all users of HP Pavilion, Compaq Presario, HP, and HP Compaq to check their batteries and if needed, contact HP for a free replacement. It is estimated that as many as 70,000 computers may be affected by the recall. Many of those computers affected may have been manufactured in China and distributed via HP in Palo Alto, California. Because many were sold through hp.com and hpshopping.com, all users should check their laptop or notebook batteries. Users can visit the HP Battery Replacement Program Web site at http://www.hp.com/support/BatteryReplacement or call (800) 889-2031 between 7 a.m. and 7 p.m. CT Monday through Friday. While users are waiting for replacements, they should use the AC cord without the battery while waiting for the replacement.

Originally posted at InjuryBoard by Sarah Cool

An issue of vehicle ownership and negligent entrustment

John Inserra — Fri, 29 Feb 2008 10:30:58 GMT

The Nebraska Supreme court cleared up the issue of ownership requirements and the negligent entrustment of a vehicle involved in a motor vehicle accident in the case of Richard A. DeWester, Personal Representative of the
Estate of Lindsay DeWester, deceased, appellant, v. Kyle W. Watkins, an individual, appellee.

In a nutshell, the Court held:

Based on the Restatement's reasoning, most courts have
framed the relevant issue in a negligent entrustment case as
whether the defendant in a negligent entrustment action had the
right to control the entrusted property, with ownership simply
being one way of proving a right to control. As the Illinois
Supreme Court explained, "entrustment must be defined with
reference to the right of control of the subject property. In
essence, if the actor does not have an exclusive or superior
right of control, no entrustment of the property can occur."16 A
right to control does not always mean ownership, but generally
means that the defendant must have a greater right of possession
or control than the entrustee.

A defendant's ownership of entrusted property is not a prerequisite
to liability for negligent entrustment.

Factually, this is a case where the parents allowed their son to drive the family vehicle owned by the parents. The son allows an underage, possibly intoxicated, teenage friend to operate the vehicle. Unfortunately, she rolls the vehicle and is killed. This action is brought by the estate of the teenage driver claiming negligent entrustment of the vehicle. The only defense to the appeal of a summary judgment is that the son did not own the vehicle and under prior Nebraska law could not be held to have negligently entrusted the vehicle to another. The Court overruled cases to the contrary, making it clear that the real determination is control and not ownership, and did not rule on the issue of contributory negligence under the comparative negligence statute , as it was not before it. So the Court reverses and remands for further proceedings.

Originally posted at InjuryBoard by John Inserra

Caffeinated Chewing Gum May Present Health Concerns, Especially for Teens

Sarah Cool — Sun, 31 May 2009 16:46:36 GMT

Reuters and the Lancet are reporting on the case of a thirteen year old boy recently hospitalized with caffeine intoxication. The boy consumed two packs of caffeinated gum within a four hour period, ingesting about 320 mg of the stimulant. The boy’s parents first noticed that he was acting irritable and aggressive, but symptoms soon worsened. He complained of abdominal cramps, increased and painful urination, and tingling sensations in the legs. When doctors treated the boy, they found that his heart rate, respiration rate, and blood pressure were all abnormal. In fact, it took a total of five days before the boy returned to normal. During that time, the boy was medically monitored from time to time, and showed side effects following the use of the gum. He was sleepy and sluggish for days afterward, and experienced both sinus bradycardia and low left-ventricular ejection fraction, or decreased heart rate. It’s unclear what kind of gum the boy used, but there are a variety of brands of gum offered including Jolt, Kickbrix, Penguin, and Blitz. Those gums compete with energy drinks and shots that are available for purchase without age limits.

While the use of caffeine by teenagers is nothing new, it is important to remember that experts recommend that teens not consume caffeinated products after noon, limit their caffeine intake, and sleep at least nine hours a night. However, studies have shown that on average, many teens consume about 215 mg of caffeine a day, about the same amount as three espressos. Teens often stay up late multi-tasking, texting, and using the internet. These kind of practices can make energy gums and drinks tempting to adolescents, and make it all the more important that they be warned of the dangers of those products.

Originally posted at InjuryBoard by Sarah Cool

Motorcycle Accident Takes Life of Omaha Rider

Sarah Cool — Sun, 10 May 2009 21:47:19 GMT

The Omaha World Herald reported last week on the unfortunate death of David Splittgerber, a resident of Omaha. Just twenty-three, David was riding his motorcycle northbound on Interstate 29 in Council Bluffs when he lost control of his bike. David was riding a 2007 Harley Davidson, and authorities have suggested that he may have been struck by a second motorcycle shortly after his own started sliding down the road. The second motorcycle was manned by David’s brother, Andrew. Andrew’s motorcycle landed about 100 feet from his brother’s. The Iowa State Patrol, who responded to the accident, inferred a chain of events that David and Andrew’s father has since called into question. Gene Splittgerber objected to the state patrol’s suggestion Andrew and his bike were the cause of David’s death. Gene remarked that “even the doctor said David had to have hit an immovable object to cause the internal injuries he had.” Andrew doesn’t recall hitting his brother’s bike or his brother, and the damage to David’s bike seems to suggest David did, in fact, hit an immovable object (i.e. not Andrew or his bike). Some news agencies are reporting the state patrol’s opinions about the event, despite their contradicting Andrew’s. One can only imagine that the questions surrounding the accident, and this kind of coverage, only deepens the sense of loss and tragedy for David’s family.

A successful and respected scholar with a degree in civil engineering, David was one of five children. He loved woodworking and rebuilding car engines. Our thoughts and condolences go out to his family, especially in light of the attention and inattention paid to this story. It is this writer’s opinion that each of the news stories covering David’s accident should have been carefully written to avoid the unsupported conclusion that Andrew was somehow culpable in David’s death. While this is in no way a solicitation for legal services, the Splittgerber family should know that Andrew may have a claim for defamation based on the stories about his involvement. Additionally, it is important for the family to know that a claim against the insurance policy issued for David and his bike may be possible, despite the fact that no other drivers were involved. If you knew David, the Splittgerbers, or simply wish to extend your condolences and warm wishes to the family, messages can be left in a legacy book for David at http://www.legacy.com/gb2/default.aspx?bookid=6240714548574&cid=view.

Originally posted at InjuryBoard by Sarah Cool

New Requirements to Get Driver’s Licenses in Nebraska

Sarah Cool — Tue, 09 Jun 2009 22:55:47 GMT

Local news agencies are reporting that drivers should be aware of changes in how to get new or replacement licenses. Starting in July, drivers will no longer be able to exchange an expired driver’s license for a new one. Neither will those replacing lost driver’s licenses be able to walk out with a new license the same day that they visit motor vehicles. In an attempt to up security and prevent fraud, drivers will receive a 30-day interim document that will allow them to drive and identify themselves while they wait for a new copy of their license to arrive in the mail. But the director of the Motor Vehicles Department is also alerting drivers to the fact that in order to get a license mailed, additional documents will have to be shown at the MVD as well.

If you need to get a new license, you’ll want to bring your old license with you to the MVD, unless it has been lost or stolen. Additionally, you’ll need utility bills, bank statements, or other statements with your name and current address on them. This requirement is aimed at decreasing cases of fraud, stolen identities, and sexual offenders avoiding registration – there are over 12,000 of these cases a year. Of course, while preventing these kinds of crimes may reduce the amount of money that police agencies expend on following up. However, mailing licenses out will also increase costs at the MVD. To offset this, a $2.50 security charge will be added to the current cost of getting a license.

While there is likely to be an adjustment period as Nebraskans get used to the interim documents, it is suggested that people visit the MVD website before heading out to get a new license, and also plan on arriving earlier at the airport for flights when using the interim documents. Additionally, if you happen to be involved in an accident, and you are exchanging information with another driver, ask to see interim documents if a driver’s license is not available.

Originally posted at InjuryBoard by Sarah Cool

AAJ ranks Ten Worst Insurance Companies for Consumers

John Inserra — Wed, 09 Jul 2008 11:44:46 GMT

The American Association for Justice has published its ten worst insurance companies for consumers. Forget what you see on TV, as a consumer you are not in good hands with Allstate, as they lead the list. As a consumer, let the buyer beware, each of the top ten companies will use various tactics to increase profit. The more you know as a consumer about the realities of the insurance business, the better you can decide which company will protect you and your family when you need the coverage you buy.

Originally posted at InjuryBoard by John Inserra

Guest Statute in Nebraska is Constitutional

John Inserra — Fri, 07 Jul 2006 12:28:32 GMT

The Nebraska Supreme Court ruled the guest statute constitutional in the case of Le v Lautrub.

Section 25-21,237, as amended in 1981, controls this case. Section 25-21,237 provides:
The owner or operator of a motor vehicle shall not be liable for any damages to any passenger or person related to such owner or operator as spouse or within the second degree of consanguinity or affinity who is riding in such motor vehicle as a guest or by invitation and not for hire, unless such damage is caused by (1) the driver of such motor vehicle being under the influence of intoxicating liquor or (2) the gross negligence of the owner or operator in the operation of such motor vehicle.
For the purpose of this section, the term guest is hereby defined as being a person who accepts a ride in any motor vehicle without giving compensation therefor but shall not be construed to apply to or include any such passenger in a motor vehicle being demonstrated to such passenger as a prospective purchaser. Relationship by consanguinity or affinity within the second degree shall include parents, grandparents, children, grandchildren, and brothers and sisters. Should the marriage of the driver or owner be terminated by death or dissolution, the [affinal] relationship with the blood kindred of his or her spouse shall be deemed to continue.

The argument made by the injured person was that the statute violates the equal protection clause of Nebraska Constiution by singling out a class of individuals from a group without any legitimate governmental purpose. It was alleged that passengers in vehicles as a whole are entitled to bring a negligence lawsuit against a driver, but relatives who are passengers cannot do so. The court found :

we conclude that Â§ 25-21,237 does not violate the equal protection clause of the Nebraska Constitution. In our cases prior to 1981 concluding that the guest statute was constitutional under an equal protection analysis, the primary legitimate governmental interests behind the guest statute were identified as "the promotion of hospitality, and the prevention of fraud and collusion."

There were dissents filed to this opinion.

Originally posted at InjuryBoard by John Inserra

Omaha Road Construction announced for Remainder of the Year - Avoid the Orange Barrels and Associated Accidents

Craig Kelley — Thu, 17 Apr 2008 00:29:00 GMT

Remember. Fines double, and so do travel times and your odds of haiving an accident. Be SAFE!

From Omaha.com:

Short-term
• L Street: one eastbound lane closed between 24th and 23rd Street; utility work; through Friday, April 18.
• Ames Avenue: one eastbound lane closed between 57th and 56th Street; utility work; through Thursday, April 17.
• 30th Street: one southbound lane closed from Wirt to Binney Streets; sewer inlet repair; through Friday, April 18.
• L Street: one eastbound lane closed from 42nd to 41st Streets; utility work; through Tuesday, April 15.
• Howard Street: one eastbound lane closed from 18th Street to 19th Avenue; utility work; through April.
• Abbott Drive: restricted to head to head traffic in the westbound lanes from Lindbergh Drive to Fourth Circle; utility work; through Monday, April 21.
• 20th Street: closed to through traffic from Woolworth Avenue to Center Street; utility work; through mid May. A detour will be posted.
• Florence BouFrom Omaha.com:thbound lane closed from Webster to Burt Streets; utility work; through Tuesday, April 22.
• 72nd Street: one southbound lane closed from Poppleton Avenue to Hickory Street; storm sewer construction; through May.
• 24th Street: head-to-head traffic in northbound lanes from Pinkney to Evans Street; utility work; through Wednesday, April 23.
• Abbott Drive: one lane eastbound and one westbound lane closed from Lindbergh Drive to Fourth Circle; utility work; through Tuesday, April 15.
• Harney Street: one eastbound lane closed from 18th Street through the intersection at 17th Street; utility work; through Monday, April 21.
• 17th Street: one southbound lane closed from Farnam to Harney Streets; utility work; through Monday, April 21.
• Howard Street: one westbound lane closed from 17th to 18th Streets; utility work; through Monday, April 21.
• Dodge Street: one westbound lane closed from 20th to 24th Streets; utility work; through Monday, April 14.
• Harney Street: two eastbound lanes closed from 33rd Street to Dewey Avenue; utility work; through April.
Closed roads
Listed by expected opening
• Spring 2008 - Gifford Road from 13th Street to M Street for street reconfiguration.
• May 2008 - Izard Street is closed between 12th and 14th Streets, and 14th Street is closed from Cuming to Izard Street for construction.
• June 2008 - Aksarben Drive from Center to Pine Streets, and Mercy Road from Aksarben Drive to 72nd Street for street construction.
• June 2008 - Crown Point Avenue: closed from Blair High Road to Wenninghoff Road; drainage channel improvements.
• November 2009 - 33rd Street: closed from Dodge to Farnam Streets; street reconstruction.
Restricted roads
By expected completion
• May 2008 - 13th Street: one lane closed each direction from Missouri Avenue to O Street.
• Summer 2008 - 204th Street: restricted from Cedar Street to Laramie Road for street reconstruction.
• June 2008 - The intersection of 144th Street and Industrial Road: various lane restrictions; street reconstruction.
• June 2008 - Capitol Avenue: one eastbound lane closed from 14th to 15th Street.
• August 2008 - The southbound west parking lane and west traffic lane of 20th Street are closed from California to Webster Streets for construction work.
• Fall 2008 - U.S. 75: lanes restricted between Hamilton and Fort Streets from 9 p.m. until 6 a.m. on various nights; pavement repair.
• Fall 2008 - Farnam Street: one westbound lane closed from Turner Boulevard to 33rd Street; building construction.
• Fall 2008 - Abbott Drive: northbound curb lane closed along the Airport Parking Facility; construction.
• November 2008 - Building demolition will restrict Jackson Street from 13th to 14th Streets, and 14th Street from Howard to Jackson Streets.

Originally posted at InjuryBoard by Craig Kelley

Retaliation in Worker's Compensation

John Inserra — Mon, 09 Jul 2007 12:48:55 GMT

The case of Trosper v Bag N Save sets forth the Nebraska Supreme Court's acceptance of a cause of action for the retaliatory demotion for the filing of a Worker's Compensation claim.

[7] Focusing on our rationale in Jackson, we conclude that
a cause of action for retaliatory demotion exists when an employer
demotes an employee for filing a workers' compensation
claim. When we recognized a retaliatory discharge claim, we
reasoned that "a rule which allows fear of retaliation for the
filing of a claim undermines [the important public policy of the
Nebraska Workers' Compensation Act]."34 And we stated that
"'the employee must be able to exercise his right in an unfettered
fashion without being subject to reprisal.'"3

Trosper extends the public policy rationale set forth in Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003).

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by John Inserra