June, 2018 - WNW Legal

GHSA Probes Link Between Drug Use and Fatal Car Crashes

June 26, 2018/in Personal Injury /by damg

Though studies on the effect of drugs on driver performance are limited by certain methodological flaws, one thing is clear: drugs, though their effect may be different from driver to driver, can lead to impairment and increase crash risk. Marijuana, for example, is estimated to increase it by 25 to 35 percent. Mississippi residents should know about a study from the Governors Highway Safety Association that probes the link between drug use and fatal car crashes.

More specifically, the GHSA studied the records of fatal car crashes in 2016 and found that of all those drivers who were fatally injured, 44 percent tested positive for drugs. Some things should be kept in mind: not every driver in a crash is tested, and no national drug-testing standard exists, so the results are not meant to be entirely accurate. The number is a jump from 10 years ago, though, where 28 percent of drivers tested positive.

Among those who tested positive in 2016, 38 percent had marijuana in their system, 16 percent had opioids and 4 percent combined the two. 49 percent combined drugs with alcohol. The GHSA states that separating drug- and alcohol-related impairment is a bad idea. For its part, it has partnered with the Foundation for Advancing Alcohol Responsibility to offer grant programs for officers. These provide training on signs of impairment.

Victims of auto accidents who discover that the other driver was impaired by drugs or alcohol may benefit from consulting with a lawyer about filing a claim. If successful, the claim could reimburse victims for medical expenses, vehicle repair costs, lost wages and whatever else is applicable. The lawyer might build up the case with the testimony of drug experts before proceeding to negotiations, and if the auto insurance company refuses to pay out, the lawyer may assist with litigation.

Is the Nursing Home Chemically Restraining Your Parent?

June 24, 2018/in Personal Injury /by damg

If your parent resides in a Mississippi nursing home because (s)he suffers from Alzheimer’s disease, dementia or some other type of mental disability, you likely live with the nagging doubt and worry that (s)he may not receive the care (s)he needs and to which (s)he is entitled. This does not make you a worrywart. It makes you a concerned son or daughter who loves his or her parent.

Sadly, you may have legitimate reasons to worry. A recent Human Rights Watch investigation revealed that nursing homes nationwide often give antipsychotic drugs to patients who have no need of them, but who the nursing homes desire to make easier to manage. Many times the patients have no idea that they are being drugged, and they certainly do not consent to it.

Investigation findings

After investigating drug abuse in 15,600 nursing homes across the country, Human Rights Watch released a massive 157-page report of its shocking findings. Of the approximately 1.1 million elderly people residing in these nursing homes, more than 179,000 of them, or about 16 percent, routinely received antipsychotic drugs even though no physician had ever diagnosed them with bipolar disorder, schizophrenia or any other condition or disease for which doctors prescribe antipsychotic drugs.

In some nursing homes, fully 30 percent of the patients, many suffering from dementia, received such drugs. Staff personnel freely admitted that dosing these patients with Haloperidol, Risperidone, Seroquel and other antipsychotic drugs controlled their often noisy and/or combative behaviors. Elder rights advocates, however, call these drugs chemical restraints.

Federal regulations

Nursing home residents have strong legal protections via The Nursing Home Reform Act of 1987. However, the Centers for Medicare & Medicaid Services seldom enforce the NHRA’s regulations pertaining to antipsychotic drugs. Between 2014 and 2017, for instance, the CMMS issued only 7,039 citations related to nursing home drug misusage. As if this were not bad enough, it determined that 97 percent of the violations resulted in “no actual harm.” Consequently, none of the cited nursing homes paid the “mandatory” financial penalties set forth in the NHRA.

Despite the fact that federal regulations ban the use of antipsychotic drugs in patients whose illnesses and/or conditions contraindicate them, and mandate proper monitoring of all patients receiving them, the CMMS announced in November of 2016 that it placed a moratorium on these regulations. As for dementia, not only has the Food and Drug Administration never approved antipsychotic drugs for patients suffering from this disease, it also requires manufacturers of these drugs to put a “black box” warning on them concerning their risks and the fact that giving them to dementia patients nearly doubles their risk of death.

If you have any reason to believe that your parent’s nursing home is dosing him or her with antipsychotic drugs so as to control his or her behavior, you may be able to sue the nursing home for abusing and neglecting your parent.

Truck Driver Fatigue Can Lead to Crashes

June 18, 2018/in Personal Injury /by damg

There are more large trucks than ever on the road, and for Mississippi drivers, this can be a serious safety concern. When a large truck is involved in a collision, the consequences can be severe for the other pedestrians or vehicles involved, especially given the mass and weight of semi-trucks and 18-wheelers. The risk of an accident is significantly increased when a truck driver takes the road outside of their mandated hours of service, because drivers who have been on the road for too long can become fatigued.

When it comes to driving, truck driver fatigue is not just a bit of extra sleepiness; it can have effects akin to those of drunk or otherwise intoxicated driving. In fact, the Federal Motor Carrier Safety Administration classifies crashes caused by fatigue in the same category as those caused by drivers operating their vehicles under the influence of alcohol or drugs. All of these crashes are considered to be caused by impaired driving. Of the 157 fatal truck accidents involving impaired driving in 2016, 70 – nearly half – involved fatigued truck drivers.

Federal law currently limits truck drivers to 14 consecutive hours of service. However, hours of service violations are some of the more common serious citations that truck drivers receive. When a truck driver is found to violate the hours of service rules, they can be ticketed and fined. In addition, they will be ordered to pull off the road for their mandatory rest. Federal rules also require the use of electronic devices that monitor the amount of time a truck spends in motion.

People who have been involved in a truck accident may experience life-changing injuries as well as time away from work and costly medical bills. A personal injury attorney might be able to help people injured in a crash caused by another’s negligent, distracted or fatigued driving to seek compensation for their damages.

Researchers Blame Distracted Driving Trends on Smartphones

June 13, 2018/in Personal Injury /by damg

Motorists in Mississippi likely notice other drivers looking at their smartphones behind the wheel. This behavior has increased in recent years and contributed to the growing problem of distracted driving. A vice president at Cambridge Mobile Telematics said that smartphone addiction compels people to engage with their devices while driving despite the dangers. A study of 65 million vehicle trips conducted by the organization concluded that 36 percent of trips over a six-month period involved distracted drivers. This represented a 5 percent increase compared to the same period a year earlier.

Age has some influence on the negative behavior. Finder US surveyed 2,001 adults and calculated that 45 percent of respondents admitted to talking on phones while driving, but 45 percent of Baby Boomers paid more attention to the road compared to 38 percent of Generation X drivers. Only 35 percent of Millennials reported that they made concentrating on the road a priority.

Professional truck drivers have better records than nonprofessional drivers of passenger cars, but a minority of commercial vehicle operators create roadway hazards. An examination of the trucking industry by SmartDrive Systems identified 25 percent of truck drivers as dangerous drivers. They tended to speed, roll through stop signs and have a higher incidence of near collisions.

People operating vehicles in a personal or professional capacity have a legal obligation to engage in safe behaviors. Actions such as texting while driving, intoxication or speeding could qualify as negligence and enable victims of car accidents to pursue financial damages with a personal injury claim. An attorney might be able to aid an injured person by organizing evidence about a crash. An attorney may decide to use this information to challenge an insurer trying to avoid paying a settlement. When necessary, an attorney might defend the victim’s claim for compensation in court.

2016 Saw 3 Percent Rise in Fatal Truck Crashes, Says FMCSA

June 4, 2018/in Personal Injury /by damg

The Federal Motor Carrier Safety Administration has just released a data drill-down report that may be of interest to drivers in Mississippi, especially operators of large commercial vehicles. Entitled "2016 Large Truck and Bus Crash Facts," the report shows that the year in question saw a 3 percent rise in the number of fatal large-truck collisions — 4,213 compared to the previous year’s 4,074.

These resulted in a total of 4,317 fatalities, which was 223 more than in 2015. At the same time, the large-truck involvement rate stayed the same at 1.46. This means that 1.46 trucks were involved in a fatal crash for every 100 million miles traveled.

As for the location of these crashes, 61 percent took place in rural areas. Another 27 percent occurred on interstate highways, with 15 percent crossing over both categories. More than a third of crashes happened between 6 p.m. and 6 a.m. when visibility is poorer and drowsiness is at its height.

The reason for the increase may partly lie in the fact that 2016 saw 300,000 more registered trucks on the roads. The number of non-fatal crashes involving large trucks went up significantly from 83,000 in 2015 to 104,000 in 2016. The top causes for fatal crashes were speeding as well as distracted or inattentive driving. Alcohol intoxication was more common among passenger vehicle drivers than truckers.

Whatever the cause of a truck accident, if it was due to the truck driver’s negligence, the victim may be eligible for compensation. This is where a lawyer can come in and assist with the filing of the personal injury claim. If the victim died, an eligible dependent can file a wrongful death suit.

Tesla CEO Angered by Coverage of Self-Driving Car Crashes

June 1, 2018/in Personal Injury /by damg

The CEO of Tesla, along with its supporters and investors, has been critical lately of the way the news media cover accidents involving the company’s semiautonomous vehicles. Residents of Mississippi should know what is behind such criticisms because they are often casually repeated by journalists and apt to result in uninformed opinions.

For example, a recent accident in Utah involved the driver of a Tesla Model S who crashed into a fire truck and broke an ankle because she was looking down at her phone. The Tesla CEO expressed his amazement that the accident would become front-page news when the tens of thousands of fatal car accidents that occur annually get less media coverage.

There are several flaws in the criticism. Anyone who watches the news is familiar with how regularly car accidents are covered. The Utah accident received wide coverage, not because of its severity but, ultimately, because of the technology involved.

Self-driving tech has yet to be adequately tested; Tesla’s has largely been developed in a regulatory vacuum. Moreover, the Utah driver had the Autopilot program engaged. The fact that she was distracted by her phone only justifies the concern that self-driving cars will make drivers complacent.

The criticisms appear to be insensitive to these concerns. Tesla has not stated that it will do anything constructive, such as improving safety standards or promoting better driver behavior.

Under auto accident law, anyone who suffers an injury, vehicle or property damage or any other loss because of a driver’s negligence can be eligible for compensation. After all, drivers are responsible for keeping their vehicles, even semiautonomous ones, under control. Before filing a claim, the victim could request a lawyer’s evaluation. Once an attorney calculates any comparative negligence, he or she could assist in negotiating for the settlement or, as a last resort, litigating.