Omaha Personal Injury Lawyer

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

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

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

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

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

Fitness Balls Recalled from Gyms, Department Stores, and Sporting Goods Retailors Following Explosions

Sarah Cool — Wed, 22 Apr 2009 18:11:33 GMT

US News and World Report publicizes that EB Brands has recalled about 3 million fitness balls from gyms and stores in the previous weeks. Fitness balls are generally used for physical therapy and exercise. The balls are made of a soft PVC inflated with air. The balls recalled by EB were sold between May of 2000 and February of 2009, in various colors and with various logos. Each of the fitness balls was 55, 65, or 75 centimeters in diameter, and was packaged along with instructions for inflation and use. However, some of the balls have been over-inflated, leading to the balls exploding unexpectedly. After 47 of the balls unexpectedly burst while in use, the U.S. Consumer Product Safety Commission announced EB’s voluntary recall. Concerns were raised about injuries following a burst ball – the sudden deflation of the ball could cause a user to fall. Of the 47 reported incidents, many resulted in bruises and fractures. If you have purchased a fitness ball with a Bally Total Fitness, Everlast, or Valeo logo prior to May 2000, call 800-624-5671 for instructions on how to safely deflate the ball. Instructions are also available online through the SunSentinel.com website.

Originally posted at InjuryBoard by Sarah Cool

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

Careful Not to Cross the Line (or Lane)! Knowing Lane Rules for Motorcyclists Increases Safety

Sarah Cool — Sat, 11 Apr 2009 07:03:03 GMT

To become licensed to drive a motorcycle in Nebraska, both written and driving tests are required. Riders must fulfill all the requirements, including motorcycle skills tests at local testing centers and demonstrating knowledge of the Nebraska motorcycle operating manual. But it is also the responsibility of all riders to recall the rules of the road and follow them carefully. If you’re a new motorcycle rider, or perhaps an experienced rider who needs a refresher on riding rules, you may not remember some of the laws regarding lane usage by motorcycles. Those of us that have driven primarily cars and trucks, or other similar vehicles, have seen it a number of times – motorcycle riders zipping through a traffic jam, weaving with ease and confidence through lanes and lanes of backed up cars. Driving this way is called “lane splitting,” and it is prohibited by Nebraska’s traffic law. Nebraska section 60-6308 specifically prohibits operation of a motorcycle “between lanes of traffic or between adjacent lines or rows of vehicles.” This means that weaving between the lanes can get the rider a ticket – or worse, cause a rider who is injured when between lanes of traffic to be at fault if an accident is caused by a car moving in or out of a lane. This can occur because Nebraska recognizes contributory negligence, meaning that if a rider is partially at fault for an accident when he or she is moving between lanes of traffic or between adjacent lines of row of vehicles, then his or her damages from an accident can be reduced to reflect that the rider was partially responsible. Lane splitting can be especially dangerous for riders when drivers of cars and other vehicles aren’t paying careful attention to the road and aren’t expecting motorcycles to be present between the lanes.

In order to protect yourself on the road and in case of an accident, it is important as a motorcyclist to use the lanes properly. Although it can be especially tempting in a traffic jam, do not engage in “lane splitting.” and know the requirements of Nebraska’s law for motorcyclists. It may also be helpful to note that only two riders should be side-by-side in a lane at a time. For more on the safety and legal requirements for Nebraska’s motorcyclists, a brief and helpful overview can be found here, courtesy of American Motorcyclist.

Originally posted at InjuryBoard by Sarah Cool

A Case about Experts

John Inserra — Tue, 03 Mar 2009 13:33:13 GMT

The Nebraska Supreme Court provides an analysis about when to exclude expert testimony in a toxic tort FELA case. The opinion reinforces the cases of Daubert and Schafersman in Nebraska; stating that the trial Judge is a "gatekeeper" not a "goalkeeper" in admitting or rejecting expert testimony. The case reinforces the conclusion that expert testimony must be based on scientific methodology and not the conclusions that the experts reach. The opinion accepts the notion that scientists may differ in their conclusions and it is simply the Judge's job to determine the validity and reliability of how those conclusions are reached.

Originally posted at InjuryBoard by John Inserra

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