Springfield Injury Law Blog : Springfield Injury Lawyer & Attorney : Jason Krebs Law Firm : Branson, Tri-Lakes, Missouri: car accident, personal injury, food poisoning, medical malpractice, wrongful death

CNA Insurance has put together a white paper reportt  with some interesting facts about slip and fall accidents or premises liability cases. Including the fact that "more than one million people suffer from a slip, trip or fall injury each year, and more than 16,000 die as a result of falls."

The report also makes a great point that as the population ages we will likely start seeing more slip and fall type injuries.

 With the aging baby boomer generation, the size and scope of this issue is expected to grow significantly. The National Floor Safety Institute (NFSI) estimates that between 2005 and 2020, the number of seniors in the U.S. will increase from 35 million to 77 million. Statistically, seniors are far more likely to experience a slip-and-fall accident. For those that are injured, the cost of treatment and recovery time is significantly greater than the average for non-seniors. According to the American Academy of Orthopedic Surgeons, these types of injuries are also the leading cause of hospital admission for older adults.

 

  

The report states that the insurance company see five major causes for slip-and-fall accidents:
1. Lack of slip resistance on walking surfaces
2. Poor walking surface conditions
3. Poor visibility
4. Lack or poor condition of handrails and guardrails
5. Poor accessibility

I think that is pretty accurate.  I routinely see cases come into the office in which one or more of these five factors that are present in the facts of the clients fall.

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CNN has a video of a bus driver texting before a crash.  This just goes to show how fast an accident can happen.

 www.cnn.com/video/#/video/us/2009/04/30/nr.sanchez.tx.bus.crash.cnn

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 That is how many drivers will be driving uninsured within the next year according to an industry funded research group.  The other thing in the article that I find interesting is the following:

The National Association of Insurance Commissioners, which represents insurance regulators in all 50 states, said most Americans were woefully uninformed about what was covered by their auto policies.

A quarter of Americans rarely or never review their policies, the association reported in a survey, while three-fifths review their coverage only when they file a claim or renew their policies. As a result, tens of millions of Americans are driving around with policies that don’t reflect major changes in their incomes and family situations, it said.

Insurance policies are complicated, and we all have the responsibility to review our insurance and tell our insurance agent of any changes, but isn't one of the main jobs of the agent, to explain coverage?  

Be sure and get as much uninsured and under insured coverage as you can afford.  I am always surprised when an injured client says their insurance agent never discussed it with them before the accident.  Unfortunately, I hear it far too often.

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Roger is a riding buddy of mine who was injured while visiting his mother in North Carolina.  The police chief's  response defies all explanation.  This is unbelievable.  No ticket for this accident.  

Get well soon Roger.  We are all thinking of you.

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The Missouri Association of Trial Attorneys has issued the following press release and i believe everyone should watch this film. The issue of preemption is one in which most injured parties have never thought of until it negatively effects them.  Basically, preemption is a doctrine of law that removes a parties rights under state law and gives federal law controlling authority.  Given that many, including those formally with the FDA have stated that the agency is severally underfunded, the idea of preemption is one which will become more relevant as aging baby boomer are subjected to more and more prescription drug treatment (and advertising).

The Alliance for Justice has been partnering with AAJ on the issue of preemption, primarily in the new Campaign to Stop Corporate Immunity. As such, they are promoting the film Access Denied?: The Fight for Corporate Accountability, featuring Diana Levine, the plaintiff in the Wyeth v. Levine case currently pending before the U.S. Supreme Court. Please take some time to watch the film online.

Some background: Levine, a lifelong musician and guitar player, went to the hospital with a migraine. She left with injuries that led quickly and irreversibly to the loss of her right hand. Levine was administered the anti-nausea drug Phenergan via the "IV push" method, resulting in an inadvertent introduction of the drug into an artery, which ultimately caused gangrene.

Levine filed suit in state court against Wyeth, the manufacturer of Phenergan, asserting that the drug's labeling provided an inadequate warning of the known dangers of the "IV push" method. Wyeth argued that because the label had gone through FDA approval and included some indication of potential dangers, they were not subject to liability based on a failure to warn. A jury nevertheless ruled in Levine's favor, and she was awarded $7.4 million in damages. Wyeth appealed to the Vermont Supreme Court, which also rejected Wyeth's argument. The majority held that the "federal labeling requirements create a floor, not a ceiling, for state regulation." Finding that there was "no conflict between federal objectives and Vermont common law," Levine's state law claims were not preempted. Wyeth then appealed to the United States Supreme Court.

Wyeth may become the latest in a series of cases that have substantially altered consumer protection law in the United States. Last term, in a significant anti-consumer decision, the Court held that persons injured by a negligently manufactured medical device cannot bring state law claims against the manufacturer for damages if the device received pre-market approval from the federal Food and Drug Administration ("FDA"). In Wyeth, the Court will address the same preemption issues as it relates to labeling of prescription drugs.
 

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Here is some great advice from the Texas Injury Law Blog.  They are exactly correct, being able to document your injury is vitally important.  It is also important to keep any damaged or stained clothes and broken glasses in the same condition as after the accident.

Here is the full Texas Injury Blog post.

It’s very difficult to keep a cool head after an auto accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. However, if you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved.

Following is a checklist of information you will need to help support the duration and depth of your personal injury/pain and suffering claim. You can use this checklist to organize your information, information you will ultimately use to discuss your claim with an insurance company or to hand over to an attorney.

The Accident

Driver information: Obtain and exchange information with all other drivers such as name, license number, tag number, insurance company name, policy number.

Photographs: Take photographs of your injuries, the damage to all vehicles and of the scene of the accident in general.

Police report: Get a copy of the accident report if police responded.

Witnesses. Keep a record of all names, addresses, phone numbers and email addresses.

After the Accident

Medical expenses. Log all office visits, prescriptions, over-the-counter medications, laboratory services, physical therapy, hospital visits, treatments, medical documents, and x-rays, including names, dates of visits, amount charged and reasons for seeing the medical providers.

Lost work time: Keep a log of all time taken off from work as a result of the accident, including time off for medical treatments and/or the inability to function properly at work due to your injuries. Get a letter from your employer verifying pay and lost time.

Lost school time. Document all lost school time and/or inability to continue with school work as you did before the accident.

Photographs: Continue to take photographs of your injuries at different times after the accident. Write the date on the back of the photo.

Witnesses. Contact them for a written statement before too much time lapses.

Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience, etc.: Keep a daily log of your thoughts, feelings and experiences on a day-to-day basis, documenting how the injuries have interfered with your daily life and relationships.

Car repair estimates and/or bills: Car repair estimates are necessary to get your car fixed. However, estimates provided by your insurance company can sometimes be lower than you might have expected. If unsatisfied with an initial estimate, take the automobile to a certified mechanic for another estimate. Be sure to save all of the bills and repair paper work associated with the repair.

Out of pocket expenses: Keep records/receipts of everything you’ve paid for out-of-pocket relating to or as a result of injuries suffered in the accident. For example, heating pads, ace bandages, child-care expenses, cancellation of a vacation trip or event, clothing, taxi service or rental car, etc.

What You Need to Know:

Seek medical attention immediately after an accident!

Do not admit fault immediately after the accident.

Diligently follow through with all medical treatments.

Do not answer any questions from the other side’s insurance company or attorney or sign any forms without approval from your attorney.

Do not settle your case until all necessary medical expenses, present and future, are known.

Keep copies of everything (all documents, bills, medical records, etc.).

If you or someone you love has been involved in a car crash accident  in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation with a lawyer regarding your injury claims.

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 Terry Ganey of the Columbia Tribune has a great report about the new bill before the Missouri Legislature to ban texting while driving and the use of cell phones by school bus drivers.  I would hope that ever school district in Missouri already has a policy against their drivers from using cell phones while driving students.  

Blah, blah, blah. That woman who blithely ran the intersection’s red light, her cellular telephone stuck to her ear, what could she be talking about?

Blah, blah, blah. That young man on the cell phone behind the wheel of the car that nearly mowed you down as you crossed the street, what could be so important?

So far, the Missouri General Assembly believes everyone should have the right to drive a car and carry on these conversations despite what it might mean for traffic safety. For years, efforts in the legislature to prohibit automobile drivers from using cellular telephones have been unsuccessful.

Now there is a new attempt — to outlaw text-messaging while driving and to prohibit school bus drivers from using cell phones while transporting pupils.

“We need to change our mind-set about this dangerous behavior,” said state Sen. Ryan McKenna, D-Crystal City, the sponsor of both bills.

The article goes on 

Figures supplied by the Missouri State Highway Patrol show about 23 percent of the 900 fatal traffic crashes in 2007 were caused by inattention. Of that number, more than 6 percent of the fatal accidents were because of cell phone use.

McKenna presented his two bills to the Senate Transportation Committee last week. He said he had witnessed people driving while reading the newspaper, putting on makeup or eating cereal. Text-messaging is more serious, however, because it can become a compulsion.

“More people aren’t paying attention because they are texting while they are driving,” McKenna said. “What we see out there now, especially among young folks, is text messaging and not understanding how dangerous the vehicle they are supposed to be operating is. A lot of tragic things can happen.”

A joint survey conducted by AAA and Seventeen magazine of 1,000 teenagers in 2007 showed 61 percent admitted to risky driving habits. Of those, about half said they sent text messages and talked on cell phones.

 I couldn't agree more, in December I wrote about the texting while driving issue here and here.  I find it amazing that 6% of the fatal accidents are cell phone related.  I would be willing to bet it could be more, if there were a way to prove people checking their phone for messages in the moments immediately before the accident.  

If you or someone you love has been involved in a car crash accident involving a driver distracted by texting or a cell phone call or a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation with a lawyer regarding your injury claims.

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