Omaha Personal Injury Lawyer - Automobile Accidents

Nebraska's Attempt to Keep Drunk Driver's Off the Road

John Inserra — Mon, 05 Oct 2009 10:16:14 GMT

Recently, the Nebraska legislature passed two bills, LB 497 and LB 736 amended the state statutes to increase the previous consequences for those that drive drunk. Previously, legislation did not penalize first-time DUI offenders by requiring them to have an ignition interlock device installed in their vehicles. The interlock device, which is installed in the dash of the vehicle, requires that the driver breath into the device before the car can be started. If the device detects a higher blood-alcohol than is allowed, the car will not start. This device works similarly to the breathalizer that is used by law enforcement officers. With the new legislation, if you get a DUI in Nebraska, even for the first time, you will be required to have an ignition interlock device installed in your vehicle.

This legislation was not unprecedented – six other states require the device be installed in the vehicles of first-time DUI offenders. Two of these, Washington and West Virginia, passed legislation just this year. Nebraska’s new legislation was signed by the Governor in May, and took effect in July. Under the new law, a DUI-offender can apply for a limited permit after thirty days, to allow travel to work, school, or to counseling sessions for alcohol treatment. Those penalized under the new law will be required to have an ignition interlock device for 5 months while using the special driver’s permit. If the offender’s BAC was .15% or higher, there is a suspension term of 60 days, after which an offender can apply for a special permit and drive with an interlock device in place for 10 months. There is no distinction between first time offenders and chronic drunk drivers. DUI offenders may also face other penalties – including educational classes or alcohol counseling, or confiscation of the vehicle.

The new legislation was passed unanimously, and was met with obvious support from local and national MADD organizations. It remains to be seen whether the legislation will be met with criticism regarding implementation in the future.

Originally posted at InjuryBoard by John Inserra

Judge Raises Questions – and Suggests Answers – About the Valuation of a Diminished Life After Hearing Accident Cases

Sarah Cool — Tue, 14 Apr 2009 17:14:53 GMT

The Honorable John P. Murphy of the District Court of Nebraska recently heard a case regarding a number of claims against the state for failure to care for the intersection of U.S. Highway 30 and Newberry Access near North Platte. The Journal Star reported that the Judge found “ample evidence of negligence” in properly signing and maintaining the intersection. Aside from not putting in rumble strips as it had planned, the state also failed to place a stop sign close enough to the intersection and failed to place a stop bar (a kind of pavement marking) at the intersection. As a result, claims for injuries could cost the state $3.56 million. The funds are expected to come from a claims bill that is expected to be approved by the Nebraska Legislature this year. Most of the funds will be paid to two men severely injured in accidents in October 2002. The accidents each occurred within less than two weeks of each other, and resulted in brain injuries for the men.

Judge Murphy posed interesting questions, asking “In these times of skewed values, when only moderately talented entertainers receive sums hundreds of times greater than that we pay teachers, when athletes earn more than physicians, when CEOs are receiving compensation of hundreds of millions of dollars while their workers struggle to get by, how do we value a full life” and “what is it worth not to be the same person you once were?” Judge Murphy showed the extent of the emotional impact of the intersection, and the injuries it caused by explaining that for the accident victims “the bright sun of a life fully lived has become clouded and dimmed.” He recognized the hardship presented by placing a dollar amount on such damage, or diminution of human life, and explained that when one’s “personality, the very core of one’s being, shattered in the instant of impact” is lost, we don’t value it nearly enough.

Originally posted at InjuryBoard by Sarah Cool

Plaintiff's Win Most of the Time

John Inserra — Thu, 30 Oct 2008 10:00:13 GMT

As reported in the National Law Journal study, plaintiffs who went to trial in their lawsuits in 2005 won 68% of the time in front of judges and 54% of the time in front of juries. The median jury award was $28,000.00 which has dropped from earlier studies, and the number of cases actually going to trial has also dropped. The report was based on statistics compiled by the US Department of Justice.

Originally posted at InjuryBoard by John Inserra

Omaha Metro Safety Initiative

John Inserra — Wed, 04 Jun 2008 17:08:00 GMT

The Nebraska State Patrol, in cooperation with the Omaha Police Department and Douglas County Sheriff's Office, have announced participation in the Omaha Metro Safety Initiative. The OMSI is designed to make a unified presence of law enforcement in the enforcement of traffic laws in the City of Omaha. The patrol announced June dates and places for such enforcements.

Originally posted at InjuryBoard by John Inserra

Grand Island, Nebraska Teenagers Seriously Injured by Violation of a Red Light Traffic Signal

Craig Kelley — Mon, 28 Apr 2008 22:37:40 GMT

As reported by Omaha.com, another negligent Omaha driver entered an intersection against a red light in a pickup, slamming broad-side in to the passenger doors of a small Dodge Neon car.

Luckily, former Honor Students Destiny Mastic and Malar Monoliths survived the tremendous impact with serious, but non-life-threatening injuries.

The accident occurred after midnight, and we can only hope that alcohol was not a factor in another late-night negligent driving episode

Originally posted at InjuryBoard by Craig Kelley

DO YOU OWN A 2003 HONDA ACCORD? You and 350,000 OTher Fellow Owners Have a Recall to Deal With

Craig Kelley — Sun, 20 Apr 2008 22:45:55 GMT

Omaha's KETV broke the AP story:

THe 2003 Honda Accord has a water drainage problem that leads to corrosion windshield wiper cover. The corrosion could cause the electrical circuit breaker inside the wiper motor area to fail and could prevent the motor from working, potentially leading to a crash.

Call your dealer, and schedule an appointment to get a cover over your motor area, and/or a new windshield wiper motor if there are any signs of corrosion, or you may contact Honda at (800) 999-1009 with further questions.

Originally posted at InjuryBoard by Craig Kelley

Volvo Wins Safety Award

John Inserra — Fri, 18 Apr 2008 10:16:00 GMT

Volvo has won an award for the development of "City Safety." The XC60 is Volvo's first car to have this system. Approximately 75% of all collisions are at speeds less than 30 km/h (18 mph). In 50 percent of cases the driver does not even brake before the collision and the reason is usually insufficient concentration. If the vehicle in front brakes suddenly and City Safety assesses that a collision is imminent, the brakes are prepared for action. If the driver does not take action, the car is braked automatically. At speeds less than 15 km/h (9 mph) City Safety can entirely avoid accidents, at speeds between 17 - 30 km/h (10-18 mph) the system applies brake force to reduce vehicle speed and help reduce occupant injuries and vehicle damage.

This system sounds promising. As usual Volvo still leads automobile manufactures in designing safer cars for us all to drive.

later this year, the
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

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

Be a SAFER Driver: Use Hands-Free Devices to Keep Your Attention On the Road

Craig Kelley — Wed, 16 Apr 2008 07:31:49 GMT

There are many blogs on InjuryBoard about the dangers of diverting your attention from driving to cell phone usage, text messaging, and map-reading.

The Wall Street Journal recently reviewed new Bluetooth hands-free devices, and Navigation devices that are now economically available from Garmin and Tom Tom also help keep your eyes where they should be, on the road!

Nebraska's oldest Mobile Electronics retail chain, Stereo West Auto Toys, can educate you about these hands-free devices, and tell you which portable or permanently-installed devices are best for you and your vehicles.

Drive safer!

Originally posted at InjuryBoard by Craig Kelley