February, 2018 - WNW Legal

OOIDA Proposes Hours of Service Change

February 27, 2018/in Personal Injury /by damg

Truck drivers in Mississippi and around the country may have more flexible hours of service if a rule proposed by the Owner-Operator Independent Drivers Association is adopted. The group has asked the Federal Motor Carrier Safety Administration to change its rules for the 14-hour daily clock and allow drivers to skip the mandatory half-hour break in the first eight hours. It has also asked the FMCSA to allow drivers to stop the clock for up to three hours.

According to the OOIDA, the current regulations force drivers to stay on the road in inclement conditions and do not take drivers’ varying levels of endurance into account. The organization argues that roads would be safer under the proposed modification. The plan would still require drivers to take 10 hours off before resuming their shift.

The FMCSA has been examining the possibility of adding more flexibility to hours of service regulations that would allow duty time to be split into segments. However, this is unlikely to become reality for several years even if it is successful. In 2017, the trucking industry was able to get rid of parts of a reform from 2013 dealing with certain rules around 34-hour restarts. The rule about the half hour break was also part of that 2013 reform.

Industry regulations that better serve the safety needs of truck drivers may help cut down on the number of truck accidents. These types of accidents can be particularly dangerous for several reasons. Trucks are bigger and can do more damage than other types of vehicles. They may have more difficulty stopping or maneuvering quickly because of their size. Finally, they may be carrying cargo, including hazardous materials, that make the accident even more dangerous. If a negligent truck driver causes an accident that injures occupants of other vehicles, both the driver and the trucking company might be held financially responsible.

Nursing Home Residents and Traumatic Brain Injuries

February 23, 2018/in Personal Injury /by damg

If you are one of the numerous Mississippi residents who has had to make the painful decision to put your aging parent in a nursing home, his or her health and safety are always on your mind. You worry that (s)he may suffer neglect or even abuse by nursing home employees.

Sadly, even in the best, most well-staffed and well-managed nursing homes, accidents do happen, and falls are the accidents that most often happen to nursing home residents. To make matters worse, the older your parent becomes, the more likely it is that (s)he will fall. Once that happens, (s)he then is likely to fall more often as time goes on. While not all falls are life-threatening, they are the most common reason for the high incidence of traumatic brain injury among older adults. A TBI happens when a person receives a blow to the head that causes the brain to dysfunction.

Often nursing home falls and their consequent TBIs happen because the elderly resident does not receive the help (s)he needs to get out of bed, walk to the bathroom or dining room, or do other normal daily activities. If your parent becomes tired of waiting for someone to answer his or her call light, (s)he may well decide to do what (s)he needs or wants to do without assistance.

TBI statistics among the elderly

During a recent five-year period, 142,000 elderly people went to an emergency room because of a TBI. Of this number, approximately 81,500 of them had to be admitted to the hospital due to the severity of their injury. At least 14,300 of them died. Even for those who survived their injury, their TBI symptoms lasted longer than they did for younger people who had received similar TBIs, and their prognoses were considerably poorer.

TBI symptoms

No two TBIs are alike, and symptoms can vary from victim to victim. In addition, symptoms may not appear until days or even weeks after the injury occurs. Consequently, if your parent falls or otherwise hits his or her head on something, (s)he may not even realize (s)he has suffered an injury. However, if the nursing home calls you to report a fall or if your parent mentions one on your next visit, be on the lookout for the following symptoms:

Unusual difficulties thinking, reasoning or remembering
Unusual difficulties speaking
Unusual difficulties understanding what you say
Inappropriate responses to your questions and comments
Unusual depression, anxiety, crankiness, aggressiveness or other behavior changes

Any of these symptoms could be a sign that your parent has suffered a TBI. If you notice any of them, insist that your parent receives an examination from a doctor if he or she has not already had one. If necessary, insist that the nursing home call an ambulance to take your parent to the emergency room where a trauma specialist can examine him or her. Even if (s)he shows no visible signs of a head injury, such as a bruise, bump or swelling, approximately 50 percent of elderly TBI patients require surgery to repair bruised brain tissue, a/k/a contusions, and/or ruptured blood vessels, a/k/a hematomas.

Left untreated, a TBI can cause your parent to lose consciousness or slip into a coma. It also could lead to your parent lapsing into a persistent vegetative state and/or dying. If your parent is 75 or older when he or she suffers a TBI, his or her risk of dying from it is substantially higher than if (s)he were younger.

Even though you probably cannot visit your elderly parent every day to make sure (s)he is being well treated and well taken care of by the nursing home staff, you need to be proactive about his or her safety and well-being. Do not hesitate to ask questions of the staff and do not be satisfied with evasive or unresponsive answers. If you believe your parent is suffering abuse or neglect, call your local elder abuse hotline and report your suspicions.

A Guide to Making Roads Safer

February 20, 2018/in Personal Injury /by damg

The roads may pose dangers to Mississippi residents and others throughout America. In 2016, there was a 5.6 percent increase in traffic deaths from 2015, and there were 39 states that reported an increase in traffic deaths within their borders. According to a new report from the National Governors Association, there are many ideas being proposed that could help to make roadways safer.

For instance, multiple agencies could work together to create safer roadways within a given state. This is something that a state governor may be properly positioned to do. Currently, the United States lags behind other developed nations as it relates to how safe its roads are. The report is intended to be a guide that states are free to use as they see fit, and the broad goal is to eliminate traffic fatalities entirely.

Car accidents can cause significant damage to vehicles and other property as well as result in a person being injured or killed. Those who are hurt in car accidents may be able to take legal action against the driver who caused the crash. If a person is killed in a crash, his or her family might choose to file a wrongful death suit.

To obtain compensation for damages, it may be necessary to prove that negligence led to the crash occurring, such as by showing a driver was impaired or going too fast for road conditions. Toxicology or police reports might help to show that this was the case in an accident. Other evidence such as witness statements may show that the actions of a negligent driver resulted in damages such as medical bills, lost future earnings, and lost wages.

Drowsy Drivers Are a Safety Hazard on Highways

February 13, 2018/in Personal Injury /by damg

Mississippi drivers who text and drive aren’t the only ones who cause accidents. Motorists who drive while they’re sleepy cause accidents, too. The problem of drowsy drivers apparently is worse than people think.

Federal statistics indicate that only 1 percent to 2 percent of vehicle accidents are caused by drowsy drivers. A new study by the AAA Foundation for Traffic Safety, however, says accident rate caused by sleepy drivers may be as high as 9.5 percent. Researchers monitored 3,500 drivers at six locations around the United States between 2010 and 2013. Drowsy drivers are three times as likely to be involved in car accidents at night, the study said. The study used in-vehicle cameras to count how many times a person’s eyes closed while they were driving.

While drowsy drivers are a serious problem, drunk and distracted drivers are bigger problems. The National Safety Council says more than 20 percent of car accidents in 2013 involved drivers using their cell phones. In 2013, a third of all car accident fatalities were the result of drunk driving; 10,265 people died in alcohol-related auto accidents. Drivers who go without sleep for long periods will experience the same effects as if they’ve been drinking, AAA researchers found.

Accidents caused by drowsy, distracted or drunk drivers can be prevented if these drivers let someone else take the wheel. People who have been injured in car accidents caused by negligent drivers may be entitled to compensation for their injuries. Such compensation can include present and future medical expenses, pain and suffering, and lost wages if the victim is unable to work during the recuperation period.

How to Avoid Distractions on the Road

February 7, 2018/in Personal Injury /by damg

A recent survey found that 52 percent of drivers with smartphones have used their devices while on the road. Smartphone use is a major factor in distracted driving, which may, in turn, be a cause behind the recent increase in traffic deaths — a trend that can be seen in Mississippi and across the U.S.

While iPhones and Android devices are equipped with features meant to prevent distractions, such as modes that block alerts to incoming calls and texts, this may not be enough. For starters, these features are voluntary. Even if users don’t send texts or emails, they can still surf the internet, play music and watch videos on their smartphones.

Safety advocates simply advise that drivers keep their eyes on the roads and their hands on the steering wheel. If a motorist can’t put their phone away, they should pair it with a Bluetooth device. This will allow for hands-free communication.

Smartphones are not the only distraction for drivers. In-car infotainment systems and temperature controls can take attention off the road. Even voice command features may distract if they require the driver to turn or bend down to the device. To prevent crashes, automakers are starting to install technologies like automatic emergency braking systems, lane departure warning systems, and collision warning systems.

When a car accident victim realizes that the at-fault driver was distracted, they could see a lawyer about how to be compensated for their injuries. A lawyer may start by negotiating for an informal settlement with the driver’s insurance company. If the company refuses to pay out, the lawyer might advise the victim to file a lawsuit. Personal injury lawyers usually have a team of investigators who can bring together all the evidence showing a driver’s guilt.