September, 2016 - WNW Legal

Reporting Suspected Elder Abuse

September 30, 2016/in Personal Injury /by damg

When people in Mississippi believe that elderly loved ones are being abused or neglected, they might not know what they can do. People who suspect abuse or neglect of anyone should report the suspected abuse immediately.

Concerned parties should call 911 or their local police department to report the abuse. For elderly people, they can also call Adult Protective Services in the area where the person lives. People who call in reports should be prepared with their names, the name and address of the abused or neglected person and what events prompted the call.

In most cases, Adult Protective Services will be the agency that responds to the call about elderly abuse or neglect. The police might also go along with investigators from the agency. When a person has been physically abused, it is very important that they receive medical care. A doctor can help to determine the extent of the person’s injuries and provide treatment that could help the person recover.

After a person has gotten help for his or her loved one, he or she might want to talk with a personal injury attorney who accepts nursing home abuse cases. A lawyer might be able to help his or her client hold the abuser accountable for his or her actions. Lawyers may work to recover damages in amounts that are sufficient to fairly compensate the victim for his or her losses. A lawyer might be able to provide an estimated range within which the person may expect a damages award or settlement to fall. The attorney may then litigate the matter fully for the benefit of his or her client.

Sleep Apnea Screening Proposed for Truck Drivers

September 23, 2016/in Personal Injury /by damg

Truck drivers in Mississippi might be required to undergo a screening for sleep apnea under a proposed regulation that will affect drivers nationwide, but many are speaking out against the proposal as well. The government received several hundred public comments about the regulation, and many objected on the grounds that the drivers would be required to pay for the screening themselves at a cost of more than $2,500.

Others pointed out that the cost was a small price to pay in terms of lives saved. One woman, whose father was killed in an accident with a semi-truck driver who fell asleep at the wheel, said such complaints were short-sighted. The co-founder of the group Road Safe America pointed out that airline pilots have to undergo such screening even though, unlike truck drivers, they do not need to be as alert for the duration of the journey.

The Federal Motor Carrier Safety Administration sponsored a study that found sleep apnea was a problem for more than one-quarter of all drivers. However, the Owner-Operator Independent Drivers Association said that the organization had failed to demonstrate that sleep apnea was a major cause of accidents. Others suggested that drivers should be allowed to nap while on duty.

Truck accidents can be devastating to occupants of other vehicles. Injured victims could face months of recovery time during which they are unable to work as their medical bills pile up. When such an accident is caused by a truck driver who dozed off at the wheel, a personal injury attorney could help the victim seek compensation for those and other losses.

Social Media Abuse of Nursing Home Residents

September 16, 2016/in Personal Injury /by damg

Nursing home abuse is not a new issue but the way in which it occurs has changed. Social media now provides another avenue for abusers to harm nursing home residents. A recent case in Iowa is a perfect example of how laws regulating the use of social media and nursing home treatment are out of date.

Caretaker Abuse Via Social Media

A Certified Nursing Assistant posted a photo of a resident who was partially undressed and incontinent with her own feces. When the state health officials reviewed the incident they did not find it to be illegal because her genitals were not visible in the picture, and therefore it could not be considered "sexual exploitation by a caretaker." Though the nursing home fired the caretaker, without a mark on her record she is free to get another job as a CNA elsewhere in the state.

Changing Policies Regarding Social Media in Nursing Homes

Incidents like this one are prompting those who advocate for the elderly to seek change from various parties including:

Nursing homes providing extra training to address the issue with current and prospective employees and making social media abuse grounds for termination.
Some social media sites are updating their privacy and abuse policies.
Lawmakers and lobbyists that advocate for the elderly are also working to redraft and suggest new laws that would help to protect the elderly and other vulnerable persons against social media exploitation by a caregiver.
Some prosecutors are working to find existing laws that can be applied to the situation and land some type of conviction, such as invasion of privacy.

Fighting for the Elderly Now

In many of these cases, those who are advocates for their elderly relative may have success in gaining both justice and compensation for their loved ones by pursuing civil action with the help of a nursing home neglect attorney. These lawyers can take steps that will hold nursing homes and workers responsible for proper training, screening, and supervision of their employees by pursuing financial compensation for the residents and their families.

Brake Safety Week for Commercial Trucks

September 15, 2016/in Personal Injury /by damg

Some Mississippi commercial trucking accidents happen because of faulty brakes. Because these mechanical issues often go unnoticed, the Commercial Vehicle Safety Alliance and Federal Motor Carrier Safety Administration partnered for a week of nationwide brake inspections between Sept. 11 and 17.

During the week, law enforcement agencies conducted inspections in order to identify problems with brakes on commercial vehicles. According to the CVSA, the inspectors were looking for various problems, including worn brake pads, rotors, drums, and liners as well as loose components, missing parts and leaks.

During brake inspection week in 2015, 12.3 percent of the inspected trucks were placed out of service for faulty brakes. A total of 18,817 inspections were completed during the week.

This year, the inspections occurred both locally and across the country. According to the agencies, most of the inspections were full level-I inspections.

Trucking carriers are supposed to conduct regular inspections of their trucks and make repairs as necessary. If a company fails to do so, the driver and other motorists on the road will be put at risk of being seriously injured or killed if an accident happens. Because trucks are often large and heavy, truck accidents are more likely to be deadly and catastrophic. Injured truck accident victims, as well as the families of victims who have been killed, might benefit from consulting with personal injury attorneys who accept accident cases. An attorney might litigate the matter in order to recover damages that may compensate the client for all of their losses.

Concern from Road Safety Experts About Growing Fatality Rates

September 7, 2016/in Personal Injury /by damg

According to a report by the National Highway Traffic Safety Administration, the number of deaths from motor vehicle accidents in 2015 increased by 7.2 percent. Mississippi motorists may be surprised to know that this was the highest single-year increase since 1966. The total number of fatalities, 35,092, is lower than the 42,708 who died in 2005, but the rate had been steadily declining up through 2014.

Experts say a decrease in drunk driving, more seat belt usage and better safety features on cars have all contributed to the declining rate prior to 2015. The U.S. Transportation Secretary requested that researchers and other experts examine the new data to determine ways to address the increase in fatalities.

However, there are already some clues to the causes. The NHTSA reported a significant 2015 increase in vehicle miles driven. More mileage means more potential for accidents and fatalities. Furthermore, speeding and drunk driving were factors in almost one-third of the fatalities, and almost half of the deceased were not wearing seat belts. Distracted driving was also involved in around 10 percent of the deaths.

Even a motor vehicle accident that is not fatal can still be devastating for an injured victim. Their life could be significantly changed for months or even permanently depending on the nature of their injuries. In order to recover suitable compensation, the victim may want to file a lawsuit against the responsible party. This might be a driver, a car manufacturer or another party. The responsible party might offer an out-of-court settlement, or the case might proceed to civil court.