Birmingham Personal Injury Lawyer - Death

Homicides Predict Traffic Deaths

Jon Lewis — Sun, 22 Nov 2009 12:42:37 GMT

Do State Homicide rates predict traffic fatalities? According to a University of Michigan study, they do. The study found that there was a parallel with the number of homicides and the number of traffic deaths. What seems to be the reason for this? Aggression.

The study looked at ten factors and "found that seven of them accounted for 71 percent of the variance in traffic fatality rates." Those seven are "homicide rates, proportion of male drivers, proportion of older drivers, number of alcohol-related liver failures (as a proxy for intoxicated driving), density of physicians, seat-belt use rate, and income." Apparently, the strongest predictor of these seven are homicides because homicides relate to aggression which relates to aggressive driving.

What does this teach us? We need to respect others on the roadways. We can't be in a hurry all of the time. We cannot drive while we are doing several other things: texting, playing with the radio, putting on makeup, using the telephone, changing CD's, and having too much noise and distractions in the car. We need to realize that we share the road with others, and we need to understand that different people have different driving styles just as different people have different psychological makeups.

During this holiday season, think before you act. Take a few miles per hour off your speedometer. Leave a little early for that appointment or meeting so you aren't in a rush. Be more passive on the roadways, and maybe you will save a life.

Originally posted at InjuryBoard by Jon Lewis

Males Die More Than Females

Jon Lewis — Wed, 09 Sep 2009 18:13:59 GMT

According to a study done by the Insurance Institute for Highway Safety, more males have died in automobile crashes from 1975 through 2007. Why? Men typically drive more and take more chances such as speeding and driving drunk. The study can be viewed here.

The article has some very interesting facts regarding the statistics relating to males and females in car crashes. For example, "Almost one-third of all motor vehicle crash deaths in 2007 were females. Females accounted for 29 percent of passenger vehicle driver deaths, 47 percent of passenger vehicle passenger deaths, 30 percent of pedestrian deaths, 12 percent of bicyclist deaths, and 9 percent of motorcyclist deaths."

Check ou the study for more interesting statistics.

Originally posted at InjuryBoard by Jon Lewis

Safety - Protect Yourself and Your Family

Jon Lewis — Wed, 26 Aug 2009 11:27:45 GMT

Our society values safety and health, and really, what is more important? Safety is defined on Wikipedia as:

Safety is the state of being "safe" (from French sauf), the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be considered non-desirable. This can take the form of being protected from the event or from exposure to something that causes health or economical losses. It can include protection of people or of possessions.

That is a broad definition. We see our societal values in health and safety in the recent discussions over national healthcare reform. We all believe our citizens deserve the best healthcare, and no one should be left behind.

Our law firm is usually hired after someone has already been injured. In those instances, had safety precautions been taken BEFORE the injury occurred, it is likely that the injury would have been prevented. Unfortunately, that is not the case once we get involved.

For this reason, our firm and InjuryBoard promote safe practices. We try to educate the public on how to be safe. Whether you are driving a car or working in a plant, there are steps you can take to be safe and lessen the risk of injury and harm.

In this regard, we have developed a Safety Shop where you can search for items to help you and your family stay safe. The domain is www.USSafetyShop.com. We plan on developing this site further to include many more products which you can review and purchase to help prevent harm to you and your family. Let us know what you think, and on this Labor Day holiday, BE SAFE!!

Originally posted at InjuryBoard by Jon Lewis

Drive when you Drive!

Jon Lewis — Thu, 13 Aug 2009 12:38:36 GMT

Have you heard? People are texting while driving. Yes, really! They are talking about passing laws to prevent this, and Leonard Pitts, Jr. wrote a good editorial with a quote, "Common Sense Should End Texting and Driving." In other words, do we really need laws to make people stop this activity? Well, we need them for drinking and driving, so I guess so. Problem is, how do you enforce it?

Think about what you are doing when you are talking on the phone or dialing a number or texting. Your mind is taken off the road. You are no longer driving defensively which is what you are taught in drivers education in high school. In reality, you are driving recklessly. As Mr. Pitts points out in his article: Is that score that important? Could you wait to message a friend? Is the call urgent? Probably not.

10-15 years ago, we didn't have as many cell phones in cars, and even when we did, we couldn't e-mail and text and get on the internet from our phone. Did we survive? Could we wait for that message? Could we just use the phone when we got home? When did everything become so urgent in society? We have to have it now.

Next time you think about using the cell phone in your car, think about others. Is there a child in your car you are putting at risk? What about the other motorists on the roadway? It takes a split second for a vehicle to inflict irreparable damage. Just Think about it!!

Originally posted at InjuryBoard by Jon Lewis

Don't Die in a Chrysler

Jon Lewis — Fri, 31 Jul 2009 18:27:27 GMT

Today, it was reported on CNN.com that Honda is issuing a recall on 440,000 vehicles. According to the article, there is a potential defect in driver-side airbags in 2001-02 Honda Accords, 2001 Civics and 2002-03 Acura TLs. Already, six injuries and one death have been reported.

So, what does this recall have to do with Chrysler?

Well, this article points out the flaw in the bankruptcy court's decision to absolve Fiat and Chrysler of any liability for injuries or deaths resulting from defective Chryslers which were bought before the bankruptcy. This would have been the case in all 440,000 Hondas which have been recalled.

Couldn't the bankruptcy court have been more thoughtful about the decision? Most times, bankruptcy courts require the debtor to purchase insurance in order to cover such liabilities. Why didn't Fiat or Chrysler purchase insurance so that the consumer doesn't suffer? Families who purchased Chryslers before the bankruptcy will suffer an undue hardship if a loved one is seriously injured or killed as a result of a defect in the car, truck or SUV. Shouldn't that cost be shifted to the new entity through insurance?

If you want more information regarding defective products, please contact our office, and we will send you a report on legal issues in Alabama regarding defective products: Recognizing and Preserving Evidence in Automotive Product Liability Cases.

Originally posted at InjuryBoard by Jon Lewis

Hospital Errors - Is I'm Sorry Enough?

Jon Lewis — Mon, 27 Jul 2009 21:32:53 GMT

For years, we have received calls about potential medical malpractice claims. Many times, the potential client is only complaining about poor bedside manner. Had the doctor or nurse simply said, "I'm sorry" to the patient or to the patient's family, we would have never received a call. Of course, these individuals never have a claim anyway because of the intricacies of medical malpractice claims in Alabama.

In a recent Associated Press article from David Goodman, the doctors at the University of Michigan Health System have adopted the policy of apologizing to patients for errors at the hospital. According to the article, these doctors are admitting mistakes upfront, and in many of the cases, they are paying compensation before being sued. What is the result? Malpractice claims fell from 121 in 2001 to 61 in 2006. Open claims fell from 262 in 2001 to 83 in 2007. They cut costs per claims in half, and they dropped their reserves by two-thirds.

Patients want honesty. They want sincerity. They want the truth. Isn't that what everyone wants? Patients go to doctors and hospitals to receive medical care. Patients know that medicine is not an exact science. They know that mistakes happen which is why many juries rule in favor of hospitals and physicians in Alabama, at least. That's why patients can accept apologies. They can accept mistakes. Even if it involves a loved one and a death, I believe patients can understand if the doctor, nurse, or hospital administrators sit down with the family and patient and explain what happened.

If I made a mistake as a doctor, I don't think I could live with myself if I hid that from the patient or their family. I would want the family to be compensated for the error. That's what malpractice insurance is for.

This is what the new internet and social media are all about. Transparency. Everyone wants to know the truth about everything. Do certain doctors make more mistakes than others? Hospitals? Now, with Twitter and Facebook and other social media outlets, you can begin to find this information. It's also immediate.

Everyone wants the truth. That's what the legal system is for. Searching for Justice. Searching for the truth.

Originally posted at InjuryBoard by Jon Lewis

Does High Performance Driving Lead to Accidents?

Jon Lewis — Wed, 08 Jul 2009 19:36:30 GMT

In the last couple of weeks, the Birmingham News has run an article on the Porche Driving School along with several articles covering wrecks leading the the death of several drivers and passengers. This has led me to ponder the question, "Do our average drivers think they are on the NASCAR circuit?"

Now, I'm not suggesting that the Porche driving school leads to these types of wrecks, but I do wonder what many of these people are thinking. In the articles above which discuss the wrecks which killed three people, the writer describes the wrecks as follows: one vehicle struck a tree on Alabama 155 in Jemison; another wreck happened at the 31st Street exit off of Interstate 20/59 North; and the third vehicle driven by a 44 year old man drove off the road in northeast Jefferson County and partially ejected him. In today's Birmingham News, it was reported that a woman was killed in Pratt City when the driver lost control of the vehicle, and another man was charged with his brother's death when he ran off the road, overcorrected and flipped his Ford Explorer.

All five (5) of these collisions were single vehicle collisions. There was not one moving car or truck which caused the wrecks. Yet, five people are dead as a result of this senseless driving. When do adults mature and realize that driving can be exceptionally dangerous? When you are driving down the road at a relatively low rate of speed, say 20-30 mph, and you hit a stationary object such as a tree, you are going to get hurt. SERIOUSLY HURT!!

You have to pay attention to the road. You cannot be drunk. You cannot text. You cannot be fiddling with the radio or air conditioner. You have to watch where you are going. One small move in the wrong direction can mean death. Pay attention. Be careful. Realize that you are not in NASCAR. Which, by the way, I'll bet you the NASCAR drivers are paying attention and not putting on makeup.

Originally posted at InjuryBoard by Jon Lewis

Two Dead in Jefferson County Crashes

Jon Lewis — Tue, 30 Jun 2009 09:40:00 GMT

On Saturday, August 27, 2009, the Birmingham News reported two wrecks which killed two people. The first involved a motorcycle and a pickup truck. This occurred on Second Avenue North in Jefferson County, Alabama. According to the News, the pickup truck driver did not see the motorcyclist and turned left in front of him.

How do these happen? Typically, motorcyclists are very careful drivers (not always, but in many cases). The problem, however, is motorists do not see motorcyclists. Given their small size and, many times, dark colors, cars have difficulty seeing them. Usually, the motorcycles have to have their headlight on. I'm not sure about this situation given the story, but what we need to learn from this is people need to be more careful when they are on the roads because motorcyclists and bicyclists have just as much right to the road as cars and trucks.

The second death occurred when a woman was getting her mail in Grayson Valley. An SUV collided with a car, flipped, and hit the woman. This collision happened on Watson Road. The drivers of both vehicles were sixteen years of age. Apparently, the driver of the car didn't see the SUV and pulled out in front of it.

What can we take from this collision? Maybe teenagers need more training before we give them the keys to a car. Many states have differing laws for teenage drivers. Some have to continue their training after getting their license. Some states don't allow teenagers to drive at night. With cell phones and texting proliferating, it is inevitable that teenagers will use poor judgment and use those devices in their cars. How can we stop that? I'm not saying that that was the cause of this fatality, but it is sure to happen in the future, and we need to consider these issues.

Originally posted at InjuryBoard by Jon Lewis

South Carolina Surprise

Jon Lewis — Mon, 29 Jun 2009 21:36:08 GMT

It was reported this past week that South Carolina Governor, Mark Sanford, has had an affair. The media has treated this as landmark news. What I think would be landmark news is a politician who has not had an affair. Is this surprising? Should we expect anything less?

Why am I writing about this? Because I meet with clients every day who show surprise when the law doesn't go their way. What do I mean?

Let's take arbitration for example. Clients come into the office after being defrauded by a company or had a contractor treat them wrong. After reviewing the contract and seeing the arbitration clause, I tell them that they cannot sue the defendant in court. They have to arbitrate the claim. The reaction, "What?" "Are you kidding me?" "How can they do that?"

Or, what about when I have to explain Alabama's wrongful death law. In Alabama, when someone is killed by the negligence of others, you can only sue the other person or company for punitive damages, not compensatory damages. In other words, we have to argue to the jury that they must punish the defendant, not compensate the victim's family. That becomes VERY difficult when the defendant made a mistake such as running a red light or changing lanes without looking properly.

What is the respective clients' reaction to this? "What?" "Are you kidding me?" "How is that possible?"

What's the moral of the story? Pay attention. Pay attention to your spouse and to politicians, and maybe, you won't be surprised. Pay attention to your legislators and judges. Know what laws they are passing. Lobby your congressmen and let them know that these laws aren't right and need to be changed.

Originally posted at InjuryBoard by Jon Lewis

Death on Rails

Jon Lewis — Tue, 23 Jun 2009 05:59:11 GMT

Yesterday, there was a tragic incident in the Washington, D.C. Metro area.

Norfolk InjuryBoard Article, by Rick Shapiro

By now, most people have heard that two Metro area trains collided killing at least six individuals and hurting 60 more. I have followed this story with great interest because I will be riding these trains soon when I am in the D.C. area. My questions about this event have been numerous, but the first, and main question, is WHY?

View the Video Here:

NBC Chopper Video

One of the first things the investigation team will do is piece together the facts of this story. Where did they collide? What was the speed? Who was operating them? Who were the passengers? Were there any mechanical defects? Did the operators of the trains do anything wrong? Were proper procedures followed? These are questions which are asked to determine if the collision was preventable.

And why do we care if it was preventable? We want to know if we can prevent incidents like this in the future. We want to prevent death. We want to prevent injury. We don't want this to happen to us, and we don't want this to happen to our family members and friends. AND, we want to punish anyone who might have been reckless and wanton in their actions, i.e.: if one of the operators was under the influence of alcohol (I AM NOT SUGGESTING THEY WERE - JUST AN EXAMPLE).

The National Transportation Safety Board (NTSB) will handle this, but attorneys for the families will get involved too. The families have lost loved ones - maybe the bread winner of the home. Some of the injuries will be devastating, and the people will need constant care. Who will pay for all of this and take care of these individuals? Should it be our health insurance companies and money out of their own pocket, or should the people who were negligent or reckless foot the bill through their insurance carriers. I would obviously suggest the latter, but what do you think?

Most individuals don't understand that the tort system is essentially a cost shifting mechanism to assign financial responsibility to those at fault. And isn't that the way it should be?

Originally posted at InjuryBoard by Jon Lewis