July 27, 2009

Report Shows Federal Agency Withheld Data on Risks of Driving While Talking on the Phone

According to the New York Times, the federal government has buried for six years data showing that talking on the phone while driving causes substantial deaths and injuries. Needless to say, this is a huge story for a Missouri car accident attorney like me.

To sum it up: Six years ago, researchers at the National Highway Traffic Safety Administration, a federal agency, came to their superiors at the Department of Transportation to propose a long-term study of 10,000 drivers. The aim of the study was to assess, in depth, all of the safety risks of cell phone use behind the wheel. The researchers came armed with binders full of studies and statistics that suggested that hands-free devices did little to prevent auto accidents. Instead, the studies indicated that far greater risk comes from distraction -- the mind being divided between a phone conversation and the road.

While other, smaller studies had turned up similar conclusions, the NHTSA’s prestige, connections to state legislatures and high-profile public awareness campaigns could potentially have saved thousands of lives. However, not only was the study not approved, the data was buried. According to the New York Times story, the information was suppressed due to the agency's concerns about upsetting members of Congress who could determine how much money was allocated to the Department of Transportation. In short, decision-makers suppressed this data for political reasons.

Now that the statistics have been released, they show that it had, and has, the potential to save lives. The NHTSA estimated that 955 people were killed and 240,000 accidents were caused by cell phone use while driving in 2002 (just one year). These figures were based on the assumption that six percent of drivers would be talking on the phone at any given time. That's half of what the NHTSA assumes today, so it’s not hard to imagine that their fatality and accident statistics may also have doubled, to an estimated 1,910 deaths and nearly 500,000 accidents this year. But if evidence had been released to the public six years ago that using any type of cell phone while driving was dangerous as having a 0.08 blood-alcohol content (the level at which you are legally drunk in Missouri and Illinois), do you think 12 percent of us would be using cell phones while driving today?

As a Missouri car crash lawyer, I hope not. While recent legislative battles in Missouri and elsewhere show that drivers don’t want to give up their ability to talk and drive, it’s becoming increasingly clear that this is a question of public safety. Just ask the victims of last summer’s tragic trucking accident on Interstate 40, the school bus-truck accident in Florida or train accidents in Boston and Los Angeles -- all of which were ultimately traced to cell phone use by an operator who should have known better. At the very least, people have a right to know about these dangers, so they can make a fully informed decision for themselves. At most, this data could have been used in state legislatures throughout our country to save lives by banning phoning and driving. If officials at the Department of Transportation, members of Congress or the mobile phone industry chose to suppress information that could have saved lives, they have indirectly chosen profits and convenience over public safety.

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July 15, 2009

Driver Involved in SUV Rollover Accident After Trying to Dodge Pedestrian on Interstate 55

Two people were seriously hurt and another suffered minor injuries in an unusual Missouri pedestrian accident, the St. Louis Post-Dispatch reported July 13. Randy Smith of Steele, Mo., was driving north on the interstate at around 10:30 p.m. when he saw pedestrian Henry Dempke of St. Mary’s, Mo. in the road. He swerved to avoid Dempke, but his Ford Explorer hit the man anyway, then overturned. Smith, who was wearing his seat belt, was not seriously hurt, but his passenger, Lacrisha Arender of Steele, was partly ejected. She was not wearing a seat belt. Arender and Dempke were both hospitalized in serious condition.

As a St. Louis auto accident attorney, I was interested in this accident because the investigators may ultimately decide that it was the pedestrian’s fault. That would be unusual, and it goes against most people’s ideas about pedestrian accidents. Cars are larger and more powerful than human bodies, which gives drivers a greater legal responsibility to avoid accidents. However, pedestrians also have a legal responsibility to take reasonable care for their own safety. When they fail in that duty, they can be held liable for the injuries and costs in any accident they cause -- even though they weren’t driving.

If investigators do decide that the pedestrian is responsible for the accident, it could create interesting problems for the insurance claims of everyone involved. Legally, the insurance company for the person responsible for causing the accident should cover the injuries. However, insurance companies don’t like paying expensive claims -- and when the responsibility for an accident goes against most people’s ideas, insurance companies are not afraid to use that fact to simply deny the claim. Frequently, accident victims in unusual situations must hire a Missouri car crash lawyer to force their insurance companies to provide the coverage they are legally entitled to.

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July 8, 2009

Governor Vetoes Repeal of Motorcycle Helmet Law, Leaving Helmets Mandatory for All Riders

After more than a month of waiting, Gov. Jay Nixon has vetoed the Legislature’s decision to repeal Missouri’s mandatory motorcycle helmet law, the St. Louis Post-Dispatch reported July 2. The vetoed legislation would have given riders 21 and older the option to not wear helmets, except on interstate highways. With the veto, riders of all ages must continue to wear their helmets in Missouri, although they may take them off in many neighboring states, including Illinois. Lawmakers may still override the veto when they convene in September, but the newspaper suggested that this will not be easy.

News reports suggested that Nixon had genuine doubts about the law, which may explain the long gap between the veto and the Legislature’s passing the law in early May. Supporters of the repeal argued that it was a question of freedom; adults should be able to choose whether to take the risk of riding without a helmet. Opponents, who included the Missouri Department of Transportation, countered with statistics showing that helmets substantially reduce motorcyclists’ risk of death and brain damage in an accident. Nixon cited some of those statistics when he vetoed the bill, adding that he was concerned about the likely increase in the financial cost of treating motorcycle accident victims.

As an American, I sympathize with concerns about where individual freedom ends and responsibility to others begins. But as a Missouri brain injury attorney, I believe that voluntarily using a helmet is the smartest choice for motorcyclists (and bicyclists and ATV riders). As the article points out, the federal Department of Transportation has found that helmets cut the risk of death by in a motorcycle accident by 37% and the probability of brain injury by 67%. They also cut costs to public health programs, as well as to riders and insurance companies. One DoT study estimated that helmet use saved $1.3 billion in 2002 alone in the U.S., and universal helmet use could have saved $853 million more. That’s a high price to pay for feeling the wind in your hair.

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July 3, 2009

Dangerous Dog Attack Kills Three-Year-Old Southern Illinois Boy

Attacks from at least one of the family’s three dogs killed a three-year-old Johnston City boy, The Southern reported June 29. Gabiral Mandrell was found about 200 feet from his home around 8 p.m. and taken to the hospital, where he was pronounced dead from blood loss at 8:50 p.m. All three of the mixed-breed dogs were taken to the Williamson County Animal Control Center, where they will be held during an investigation.

According to the newspaper, Mandrell’s family thought he was sleeping on Saturday evening, when he apparently opened the screen on his bedroom window and escaped into the yard. Three dogs were loose in the yard -- two pit bull mixes and a collie mix. Authorities aren’t sure how many of the dogs were involved in the attack. Mandrell was bitten numerous times, but the bite that killed him was to a major blood vessel. The Williamson County Coroner declined to be more specific. The Illinois Department of Children and Family Services is investigating the death.

Not every family realizes it, but dogs can be dangerous around young children. One study of fatal dog attacks by the Centers for Disease Control and Prevention found that 80% of dog bite fatalities were to children under 12 -- and three were babies less than a month old. As a Missouri dog attack lawyer, I have encountered multiple explanations for this. Young children who don’t have experience with dogs may not understand the difference between playing and provoking a dog. Their small size and short stature also places their heads and necks closer to the ground, where dogs can do a lot of harm. And because of children’s size and quick movements, dogs may instinctively see them as prey, or sometimes as pack members to be dominated.

Unfortunately, the consequences of this can be devastating. Because the head and neck are the most likely targets in dog attacks, children attacked by dogs can sustain very serious injuries, including severe blood loss, nerve damage, organ damage and serious infections. They also frequently come away with disfiguring facial scars, sometimes requiring years of reconstructive surgery. In addition to the physical consequences, this can be very difficult emotionally and socially for a child.

Dogs that attack in Missouri and Illinois frequently face impoundment and euthanasia as public threats. But for families traumatized by a dog attack and facing mounting medical bills, that may not be enough. When dogs that should have been leashed or controlled attack human beings, victims have the right to hold their owners legally liable with a St. Louis dog bite lawsuit. Generally speaking, these claims are covered by the dog owner’s homeowner’s insurance, or sometimes by a landlord’s insurance -- so victims are really suing an insurance company.

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