Not since the days of Monica Lewinsky has parsing the meaning of a word—or two in this case—been worthy of such scrutiny. The words, "if necessary" in this "Claims & Reimbursement FAQs" link on the Stryker website should perhaps make any hip replacement patient who's been affected by the Stryker Rejuvenate and ABG II modular-neck hip stems recall suspect.Personal Injury Lawyer Product Liability Serious Injury Sexual Harassment Slip and Fall Accident Spinal Cord Injury
This guest post is from Ken Collins, a photographer and freelance writer who lives in Las Vegas.
Being confronted with one or more strangers in your home during a home invasion can cause paralyzing fear. Unfortunately, thinking about this type of event falls into the latter category for many individuals. If you learn about your options before the situation occurs, you will have a better chance of defending your home and family.
If you have lived in your home for a long period, you may feel you know it well. If the lights are off in your home, can you find your way to a door safely? How easy is it to open your bathroom or kitchen window for an escape? Consider the first part of your preparation to be similar to a fire safety plan. The best course of action is to get out and get out quickly.
Consider your defense choices in different locations of your home. If you are in your living room or bedroom, your first thought might be to throw a lamp at an intruder. Unfortunately, if the lamp is plugged in, it may not go far. Now, if you happen to have a can of pepper spray, you can slow an intruder down for at least 10 minutes, according to YourGreatestProtection.com.
Your bathroom, kitchen, and laundry area offer several options for self defense. Cleaning products, including bleach or ammonia, can be thrown at an intruder. Aim for the face; the intruder will try to protect this area even if the person is wearing a mask, according to askmen.com. An aerosol can of hair spray will shoot a nice stream of stickiness. A pump type will not work as well.
A can of wasp spray, the type that emits a stream of foam, can hit your target from many feet away. The product is designed to keep you a safe distance from the wasps. A common fire extinguisher will also provide a solid stream of unwelcome chemicals to an intruder’s face. When the chemicals run out, throw the extinguisher at the individual and run.
Make sure you check your state laws. Some laws allow for you to legally carry a firearm as long as it is registered and you pass all background checks. If you choose to purchase a firearm, make sure you test it out first at a gun range before a break-in happens. This way, you will be able to protect your family and yourself the right way.
While some of these methods may make you flinch, remember that it is you and your family against them. The intruder does not care about your well-being. If you are faced with a gun, your best option is to distract and get away.
Keep shrubs trimmed back from windows and strong lighting on your doors. Investing in even the smallest alarm system will provide more protection. Alarm monitoring services provide 24-hour monitoring for things such as fire, freezing, flooding, and carbon monoxide detection, according to www.SecurityCompanies.com. If you cannot afford monitoring, a really loud siren can scare away intruders. If you can add bright flashing lights to the system, even better.
You can use an inexpensive window alarm for windows that are inviting to intruders, ones that are sheltered from view. Make sure that your exterior doors have dead bolts and you actually use them. If you have an attached garage, both the exterior door and the door leading into your home need solid locking mechanisms.
The Boy Scout motto can make a significant difference if you are faced with a home invasion. Take the time now to learn about options for securing your home and family.
Source: http://www.pissd.com/2013/06/take-the-time-now-to-protect-yourself-from-home-invasion/
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This is a follow-up to yesterday’s post about Chrysler refusing a request from the federal government to issue a safety recall on certain Jeep models.
There was extensive coverage of Chrysler’s refusal to recall 2.7 million Jeep vehicles in spite of a request made by the NHTSA. The three major network news broadcasts devoted over four minutes to the topic and the story was covered extensively in both national and local print media as well as in many local news broadcasts. Coverage of the NHTSA was neutral in tone with most reports noting that it is extremely rare for automaker to refuse a request made by the NHTSA to issue a recall.
ABC World News reported that “today the National Highway Traffic Safety Administration called on Chrysler to recall all older model Jeep Grand Cherokees and Jeep Liberties, saying the defect presents an unreasonable risk because people [in the vehicles] and in striking vehicles have burned to death in rear-impact crashes.” However, the CBS Evening News noted that “in a rare move today, Chrysler refused the recall request insisting that the cars are safe.” Meanwhile, “it would take a court order to force a recall.” NBC Nightly News noted that the vehicles in question are “Jeep Grand Cherokees from ‘93 through ‘04 model years and Jeep Liberties from 2002 through ‘07.”
The New York Times reports that “the refusal has ignited a rare public battle between Chrysler, the nation’s third-largest automaker, and federal regulators.” Chrysler said in a statement, “We believe N.H.T.S.A.’s initial conclusions are based on an incomplete analysis of the underlying data, and we are committed to continue working with the agency to resolve this disagreement.” Meanwhile, “the agency said it may pursue a formal decision to label the vehicles defective, which would include public hearings and the release of details of the government’s investigation.”
The AP points out that “David Strickland, the agency’s administrator, said in a statement that he hopes Chrysler will reconsider its decision. ‘Our data shows that these vehicles may contain a defect that presents an unreasonable risk to safety,’ Strickland said.”
USA Today reports, “Government data show 44 deaths in 32 rear-end crashes and fires involving the Grand Cherokees that it wants recalled, and seven deaths in five Liberty rear-impact/fire crashes.” However, “Adjusted for the number of Jeeps on the road, the Grand Cherokees had a rear-crash fire death rate of just 1 per million registered vehicle years; the Liberty, 0.9” Meanwhile, “NHTSA says similar SUVs sold by other companies had rates of around 0.5, so the Jeeps ‘are poor performers.’”
Bloomberg News relates that “NHTSA’s letter, written by Frank Borris, enforcement director of the agency’s defects investigations office, included pictures of burned and burning Jeep models involved in accidents.” Meanwhile, “Chrysler said in its statement that all the vehicles under scrutiny meet or exceed federal safety standards, including those relating to fuel-system integrity.” However, “Karen Aldana, a NHTSA spokeswoman, said she didn’t have an immediate response to Chrysler’s statement.”
The Los Angeles Times explains that “as the nation’s auto safety regulator, the NHTSA has the power to request recalls, but it cannot enforce them. To do so, it must ask the Justice Department to sue on its behalf.”
From the American Association for Justice news release.
Source: http://www.pissd.com/2013/06/chrysler-refuses-nhtsa-request-to-recall-jeep-vehicles/
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We all should know by now how dangerous driving while distracted can be. But is it possible that it’s even more dangerous than we think? That seems to be the conclusion of an article published recently in the Asheville North Carolina Citizen-Times. (Incidentally, the hilly area around Asheville is one the most beautiful places in the country. That’s the site of the largest private home in America, George Vanderbilt’s Biltmore mansion.
Here are excerpts from the distracted driving article:
Seventeen-year-old Kelsey Raffaele’s last words were over a cellphone to a friend: “I’m going to crash!” The car she was driving had clipped a snow bank and spun into oncoming traffic, where it was T-boned by an SUV. She died at a hospital without regaining consciousness.
Police chalked the accident up to mistakes made by a novice driver, unaware that she had been on the phone at the time. Her phone was found later in the back seat, and the possibility that distracted driving might have been a cause is missing from statistics kept by police and the federal agency that compiles crash data.
Crash deaths in cases where drivers were on the phone are seriously underreported, according to a recent analysis of state and federal data by the National Safety Council, an advocacy group. The underreporting makes the problem of distracted driving appear less significant than it actually is, and impedes efforts to win passage of tougher laws, the council says.
The group reviewed 180 fatal crashes from 2009 to 2011 in which there was strong evidence that the driver had been using a cellphone, in a study paid for in part by Nationwide Mutual Insurance Company.
Of the 2011 crashes, only half were coded in the National Highway Traffic Safety Administration’s accident database as involving cellphone use, the study found. That was still better than previous years: Only 8 percent of the 2009 crashes examined were coded as involving cellphones, and 35 percent in 2010. Even when drivers admitted to authorities that they were using a phone during an accident in which someone was killed, about half the cases weren’t recorded that way in the database, the council said.
The safety administration’s database shows more than 32,000 traffic deaths overall in 2011, the latest year for which complete data are available. But only 385 are listed as involving phones.
“We believe the number of crashes involving cellphone use is much greater than what is being reported,” said Janet Foetscher, the safety council’s president and CEO. “Many factors, from drivers not admitting cellphone use to a lack of consistency in crash reports being used to collect data at the scene, make it very challenging to determine an accurate number.”
The council’s analysis found large variations among states in the reporting of phone-involved fatal crashes.
Tennessee, for example, reported far more fatal crashes involving cellphone use than any other state — 93 in 2011 and 71 in 2010. California, the nation’s most populous state, reported only 22 fatal crashing involving cellphones each of those years. New York, which has three times as many people as Tennessee, reported only one cellphone-involved fatal crash in 2011 and 10 in 2010.
One reason for the underreporting is that unless a driver, passenger or witness tells police a cellphone was being used, officers who respond to crash scenes may have no reason to investigate that possibility. Police are usually required to get a subpoena in order to obtain cellphone records.
“Can you imagine going through a subpoena process just to check a box on a form when you already have someone for running a red light and causing a fatality?” said David Teater, the council’s senior director of transportation initiatives. Even when such records are obtained, they must align with the precise moment of the crash — a moment that isn’t always known.
NHTSA has acknowledged weaknesses in its distracted driving data and says it’s been working with states and police to strengthen reporting of accidents involving distracted driving. So far, 35 states have told the Governors Highway Safety Association, which represents state highway safety agencies, that they have adopted model accident reporting forms that include a box for officers to check whether cellphone use was involved.
Reluctance to admit the behavior, lack of witnesses, and in some cases the death of the driver all make it hard to collect full information, the agency says. “That’s why we’re working with states and law-enforcement agencies to add more precise categories to police reports,” NHTSA Administrator David Strickland said in a statement.
State laws are a patchwork. Ten states and the District of Columbia require hands-free phones if a driver is going to make calls. No state bans all cellphone use for all drivers, but 36 states and D.C. ban all cellphone use by novice drivers. Currently, 39 states and D.C. ban text messaging for all drivers. An additional 6 states prohibit text messaging by novice drivers.
The National Transportation Safety Board, which investigates accidents, has urged states to ban all drivers from texting, emailing or chatting on a cellphone behind the wheel except in emergencies, saying the practices are simply too dangerous to be allowed.
It may not be possible to ever get complete reporting of cellphone involvement as long as reliance on driver admission is a factor, the safety council said. Instead, the council is urging NHTSA to study whether it’s feasible to develop a way to estimate cellphone-distracted crashes. The government already makes national estimates on drunken-driving accidents where data are lacking.
Source: http://www.pissd.com/2013/06/federal-study-says-distracted-driving-deaths-underreported/
This guest post is from Bradley Taylor, an automotive blogger, journalist and enthusiast. He also contributes to other and on behalf of other motoring publications such as Jardine Motors, BMW, Nissan, Audi and Ford. Connect with Bradley on Google Plus.
The invention of the automobile vastly changed civilization due to the fact that it allowed for anybody to travel to the destinations that they chose, at their own convenience. Furthermore, their affordability allowed for the majority of households to be able to own and maintain a car. Although there are many advantages for cars to be widespread, accidents can happen from time to time. Caused by either the environment, driver error, or vehicle malfunction, they can cause car damage, injuries, and more. When accidents involve other people, there are multiple rules and regulations that must be considered before filing a claim. For example, in Texas, there are specifications that those who were not responsible for the accident should know about. It is very important to have knowledge of these, as they can mean hundreds or even thousands of dollars more in compensation.
Texas carries certain insurance rules which differentiate it from other states. One example is the Modified Comparative Fault Rule which uses something called the at-fault percentage. The percentage is determined by how responsible the person was for the accident. If a person is fifty percent or less responsible, they are given the damage costs subtracted by their fault percentage. This way, somebody who is ten percent responsible will be given more money to pay for damages than somebody forty percent responsible. In addition, those who were at no fault in the accident get all of the money for damage. However, if a person is over fifty percent responsible for the accident, they won’t receive any compensation.
Another rule for Texas is that, after any car accident damage occurs, including a sore neck or a broken car accessory, you have two years to file suit. By learning how to properly file damage reports, you can let insurance agents take control of the situation and minimize the chances of an unwanted court negotiation. It should be known that most cases in Texas don’t make it all the way to court when handled this way. Usually, it ends with the insurance companies calculating and evaluating the costs and judging those at fault. However, major accidents such as personal property or major injuries can sometimes make their way to court. Lastly, it should be known that despite the fact that car insurance companies allow for certain decisions to be made, the decisions are governed by what the automotive companies decide on. In addition, the boundaries for the decisions vary per person.
The state of Texas has very helpful and sensible insurance laws. Although car accidents are emotionally and mentally challenging, it only makes sense that those least responsible for the accident are more covered. Unlike some laws that may have loopholes that can penalize those not responsible for the accident, Texas is strict in that those who were not responsible are not penalized in any way. On the contrary, Texas makes certain that those who were mostly responsible for causing the accident get penalized the most. This practice motivates drivers to drive more defensively due to the consequences that can happen if they are largely responsible for an accident.
Source: http://www.pissd.com/2013/07/how-to-file-a-car-accident-claim-in-texas/
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We all should know by now how dangerous driving while distracted can be. But is it possible that it’s even more dangerous than we think? That seems to be the conclusion of an article published recently in the Asheville North Carolina Citizen-Times. (Incidentally, the hilly area around Asheville is one the most beautiful places in the country. That’s the site of the largest private home in America, George Vanderbilt’s Biltmore mansion.
Here are excerpts from the distracted driving article:
Seventeen-year-old Kelsey Raffaele’s last words were over a cellphone to a friend: “I’m going to crash!” The car she was driving had clipped a snow bank and spun into oncoming traffic, where it was T-boned by an SUV. She died at a hospital without regaining consciousness.
Police chalked the accident up to mistakes made by a novice driver, unaware that she had been on the phone at the time. Her phone was found later in the back seat, and the possibility that distracted driving might have been a cause is missing from statistics kept by police and the federal agency that compiles crash data.
Crash deaths in cases where drivers were on the phone are seriously underreported, according to a recent analysis of state and federal data by the National Safety Council, an advocacy group. The underreporting makes the problem of distracted driving appear less significant than it actually is, and impedes efforts to win passage of tougher laws, the council says.
The group reviewed 180 fatal crashes from 2009 to 2011 in which there was strong evidence that the driver had been using a cellphone, in a study paid for in part by Nationwide Mutual Insurance Company.
Of the 2011 crashes, only half were coded in the National Highway Traffic Safety Administration’s accident database as involving cellphone use, the study found. That was still better than previous years: Only 8 percent of the 2009 crashes examined were coded as involving cellphones, and 35 percent in 2010. Even when drivers admitted to authorities that they were using a phone during an accident in which someone was killed, about half the cases weren’t recorded that way in the database, the council said.
The safety administration’s database shows more than 32,000 traffic deaths overall in 2011, the latest year for which complete data are available. But only 385 are listed as involving phones.
“We believe the number of crashes involving cellphone use is much greater than what is being reported,” said Janet Foetscher, the safety council’s president and CEO. “Many factors, from drivers not admitting cellphone use to a lack of consistency in crash reports being used to collect data at the scene, make it very challenging to determine an accurate number.”
The council’s analysis found large variations among states in the reporting of phone-involved fatal crashes.
Tennessee, for example, reported far more fatal crashes involving cellphone use than any other state — 93 in 2011 and 71 in 2010. California, the nation’s most populous state, reported only 22 fatal crashing involving cellphones each of those years. New York, which has three times as many people as Tennessee, reported only one cellphone-involved fatal crash in 2011 and 10 in 2010.
One reason for the underreporting is that unless a driver, passenger or witness tells police a cellphone was being used, officers who respond to crash scenes may have no reason to investigate that possibility. Police are usually required to get a subpoena in order to obtain cellphone records.
“Can you imagine going through a subpoena process just to check a box on a form when you already have someone for running a red light and causing a fatality?” said David Teater, the council’s senior director of transportation initiatives. Even when such records are obtained, they must align with the precise moment of the crash — a moment that isn’t always known.
NHTSA has acknowledged weaknesses in its distracted driving data and says it’s been working with states and police to strengthen reporting of accidents involving distracted driving. So far, 35 states have told the Governors Highway Safety Association, which represents state highway safety agencies, that they have adopted model accident reporting forms that include a box for officers to check whether cellphone use was involved.
Reluctance to admit the behavior, lack of witnesses, and in some cases the death of the driver all make it hard to collect full information, the agency says. “That’s why we’re working with states and law-enforcement agencies to add more precise categories to police reports,” NHTSA Administrator David Strickland said in a statement.
State laws are a patchwork. Ten states and the District of Columbia require hands-free phones if a driver is going to make calls. No state bans all cellphone use for all drivers, but 36 states and D.C. ban all cellphone use by novice drivers. Currently, 39 states and D.C. ban text messaging for all drivers. An additional 6 states prohibit text messaging by novice drivers.
The National Transportation Safety Board, which investigates accidents, has urged states to ban all drivers from texting, emailing or chatting on a cellphone behind the wheel except in emergencies, saying the practices are simply too dangerous to be allowed.
It may not be possible to ever get complete reporting of cellphone involvement as long as reliance on driver admission is a factor, the safety council said. Instead, the council is urging NHTSA to study whether it’s feasible to develop a way to estimate cellphone-distracted crashes. The government already makes national estimates on drunken-driving accidents where data are lacking.
Source: http://www.pissd.com/2013/06/federal-study-says-distracted-driving-deaths-underreported/
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NBC Nightly News reported, “GM is recalling over 200,000 mid-size SUVs because of a fire risk that is serious enough to force the company to advise owners not to park them in the garage, but outside instead until the problem can be corrected.”
The New York Times reports, “The National Highway Traffic Safety Administration pursuaded General Motors to recall almost 194,000 more 2005-7 sport utility vehicles for an electrical problem that could cause fires” and that a similar recall affecting about 278,000 vehicles was issued last year in certain states. The Times notes that “G.M. had resisted both recalls, wanting instead to provide some owners with an extended warranty, according to two documents – one from 2012 and another posted over the weekend on N.H.T.S.A.’s Web site.” Meanwhile, “safety advocates like The Center for Auto Safety have routinely criticized regional recalls, saying they save automakers money and may miss vehicles that need repairs.”
The Los Angeles Times reports that “GM said it knows of six fires and one injury caused by the problem among this group of cars. Previously, it recalled 249,000 similar models for the same problem.” Meanwhile, GM said that “as a precaution, owners are advised to park outside until the remedy has been made.”
From the American Association for Justice news release.
Source: http://www.pissd.com/2013/07/gm-expands-suv-recall-advises-owners-to-park-vehicles-outside/
Add energy drinks to the list of worries for parents sending kids off to college. Of course, energy drinks seem to pale when compared to sex, drugs, alcohol and all that comes with that trio of vices—from OD'ing, to date rape, to DUI's. But that's the thing—energy drinks seem...so...harmless, right? After all, they're sold in convenience stores and vending machines right next to the bags of chips...
Source: http://EzineArticles.com/7801245
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This article in Water Safety Magazine really took me by surprise. I’ve spent my fair share of time in water, whether ocean, lake, or pool. I thought I could tell when a person was safe and when they were in danger in the water. Apparently, I can’t.
With summer upon us, and more and more of us headed to the lakes to have fun and get some relief from the Texas heat it’s important to know as much as possible about water safety. I’m taking the liberty of reprinting most of this article. Please read it.
The new captain jumped from the cockpit, fully dressed, and sprinted through the water. A former lifeguard, he kept his eyes on his victim as he headed straight for the owners who were swimming between their anchored sportfisher and the beach. “I think he thinks you’re drowning,” the husband said to his wife. They had been splashing each other and she had screamed but now they were just standing, neck-deep on the sand bar. “We’re fine, what is he doing?” she asked, a little annoyed. “We’re fine!” the husband yelled, waving him off, but his captain kept swimming hard. ”Move!” he barked as he sprinted between the stunned owners. Directly behind them, not ten feet away, their nine-year-old daught er was drowning. Safely above the surface in the arms of the captain, she burst into tears, “Daddy!”
How did this captain know – from fifty feet away – what the father couldn’t recognize from just ten? Drowning is not the violent, splashing, call for help that most people expect. The captain was trained to recognize drowning by experts and years of experience. The father, on the other hand, had learned what drowning looks like by watching television. If you spend time on or near the water (hint: that’s all of us) then you should make sure that you and your crew knows what to look for whenever people enter the water. Until she cried a tearful, “Daddy,” she hadn’t made a sound. As a former Coast Guard rescue swimmer, I wasn’t surprised at all by this story. Drowning is almost always a deceptively quiet event. The waving, splashing, and yelling that dramatic conditioning (television) prepares us to look for, is rarely seen in real life.
The Instinctive Drowning Response – so named by Francesco A. Pia, Ph.D., is what people do to avoid actual or perceived suffocation in the water. And it does not look like most people expect. There is very little splashing, no waving, and no yelling or calls for help of any kind. To get an idea of just how quiet and undramatic from the surface drowning can be, consider this: It is the number two cause of accidental death in children, age 15 and under (just behind vehicle accidents) – of the approximately 750 children who will drown next year, about 375 of them will do so within 25 yards of a parent or other adult. In ten percent of those drownings, the adult will actually watch them do it, having no idea it is happening (source: CDC). Drowning does not look like drowning – Dr. Pia, in an article in the Coast Guard’s On Scene Magazine, described the instinctive drowning response like this:
- Except in rare circumstances, drowning people are physiologically unable to call out for help. The respiratory system was designed for breathing. Speech is the secondary or overlaid function. Breathing must be fulfilled, before speech occurs.
- Drowning people’s mouths alternately sink below and reappear above the surface of the water. The mouths of drowning people are not above the surface of the water long enough for them to exhale, inhale, and call out for help. When the drowning people’s mouths are above the surface, they exhale and inhale quickly as their mouths start to sink below the surface of the water.
- Drowning people cannot wave for help. Nature instinctively forces them to extend their arms laterally and press down on the water’s surface. Pressing down on the surface of the water, permits drowning people to leverage their bodies so they can lift their mouths out of the water to breathe.
- Throughout the Instinctive Drowning Response, drowning people cannot voluntarily control their arm movements. Physiologically, drowning people who are struggling on the surface of the water cannot stop drowning and perform voluntary movements such as waving for help, moving toward a rescuer, or reaching out for a piece of rescue equipment.
- From beginning to end of the Instinctive Drowning Response people’s bodies remain upright in the water, with no evidence of a supporting kick. Unless rescued by a trained lifeguard, these drowning people can only struggle on the surface of the water from 20 to 60 seconds before submersion occurs.
This doesn’t mean that a person that is yelling for help and thrashing isn’t in real trouble – they are experiencing aquatic distress. Not always present before the instinctive drowning response, aquatic distress doesn’t last long – but unlike true drowning, these victims can still assist in their own rescue. They can grab lifelines, throw rings, etc.
Look for these other signs of drowning when persons are in the water:
So if a crew member falls overboard and everything looks OK – don’t be too sure. Sometimes the most common indication that someone is drowning is that they don’t look like they’re drowning. They may just look like they are treading water and looking up at the deck. One way to be sure? Ask them, “Are you alright?” If they can answer at all – they probably are. If they return a blank stare, you may have less than 30 seconds to get to them. And parents – children playing in the water make noise. When they get quiet, you get to them and find out why.
Source: http://www.pissd.com/2013/06/drowning-doesnt-look-like-drowning/
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This guest post is from Rommel John who writes for www.seriousinjury.org, a California based Personal Injury Law Firm.
According to a National Highway Traffic Safety Administration report, more than 4,600 motorcycle fatalities occurred in 2011. There were also more than 80,000 injuries. The final figures for 2012 have yet to be officially published. However, based on the preliminary data, the final results are apt to be just as depressing. To date, it appears that the year ended with a marked increase in traffic related fatalities and a decrease in motorcycle helmet use.
The reasons for the motorcycle accidents were understandably varied, although statistics indicate that one of the most common was driving while under the influence. Those types of motorcycle accidents frequently occurred more often in low light and involved other vehicles. Additional reasons associated with motorcycle accidents include speeding, poor visibility, equipment failure, unfavorable road conditions, and driver error.
Head injuries were one of the most common injuries among motorcycle drivers. They tend to cost the victim millions in direct and indirect healthcare costs. Of course that isn’t even taking into consideration the injury’s financial and emotional impact on others (i.e. additional drivers, family members, caregivers and property owners). There are also quality of life issues to think about. Additional injuries typically associated with motorcycle accidents include broken bones, limb loss, soft tissue damage, nerve damage and decapitation.
With that said, there are several precautions that motorcycle riders can take to reduce their risk of injury. For instance, it is an excellent idea to wear protective clothing and a helmet. Doing so may minimize the severity of soft tissue damage and brain injuries. It is also imperative to properly maintain one’s motorcycle and follow best riding practices.
Understandably, motorcycle accidents may still occur despite one’s best efforts. In such instances, it is often best to seek the sound advice of an experienced motorcycle accident attorney.
Source: http://www.pissd.com/2013/07/motorcycle-accidents-and-fatality-numbers-expected-to-rise/
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Add energy drinks to the list of worries for parents sending kids off to college. Of course, energy drinks seem to pale when compared to sex, drugs, alcohol and all that comes with that trio of vices—from OD'ing, to date rape, to DUI's. But that's the thing—energy drinks seem...so...harmless, right? After all, they're sold in convenience stores and vending machines right next to the bags of chips...Accident Lawyer Amputation Injury Asbestos Lawyer Back Injuries Bicycle Accident Birth Injury
Wow, this could be a real shock to those who like to have a couple of drinks before driving home after work. It’s possible the legal blood-alcohol limit could be reduced from .08 to .05. That would be at least a one-drink difference for many people and could mean the difference between being arrested or not.
I have mixed feelings about such a change. It wouldn’t affect me personally because I don’t drink, but many of my friends and family do. There’s no question that a blood-alcohol level below .08 does make some drivers less able to drive safely. On the other hand, this new limit would be getting pretty close to telling people they just cannot drink at all if they’re going to drive. There’s a balance in there somewhere, and I don’t know where it is. I do know this would be bad news for bars and very good news for criminal defense lawyers!
That change is a new recommendation from the National Transportation Safety Board. The details are contained in an article from the New York Times yesterday. Here are excerpts:
Thousands of people are killed or injured every year by drivers who have been drinking but are not legally drunk and have a reduced ability to see, make decisions or operate a vehicle, the National Transportation Safety Board has said. The board met recently to consider recommending that the states reduce the allowable blood-alcohol concentration by more than a third, to 0.05 percent from 0.08 percent, the national standard that was established a decade ago at the instigation of Congress.
The 0.05 percent standard is mostly focused on social and casual drinkers, but researchers hope it will reduce consumption among all drivers. Any recommendation made by the board would carry substantial influence.
Blood-alcohol concentration varies by body weight, gender, stomach contents and other factors, but generally speaking, a 180-pound man could consume four beers or glasses of wine in 90 minutes without reaching the current limit. At a limit of 0.05 percent, he could legally consume only three. A 130-pound woman could probably consume three drinks in 90 minutes and still be legal under the existing standard; if the limit were lowered, she could consume only two.
The board voted last year to recommend that anyone convicted of drunken driving be required to install a breathalyzer interlock in their car, which would prevent the vehicle from starting without an alcohol test, a strategy intended to combat repeat offenders. And the board favors research on built-in alcohol detectors for new cars, which could measure blood-alcohol content through a driver’s palms on the steering wheel or some other unobtrusive way. Those could be available as an option on new cars or could be universally required. Either would affect drinkers who have never been caught driving, who make up more than 90 percent of those involved in fatal crashes that are related to alcohol.
People with a blood-alcohol level of 0.05 percent are 38 percent more likely to be involved in a crash than those who have not been drinking, according to government statistics. People with a blood-alcohol level of 0.08 percent are 169 percent more likely.
The standard in most of the industrialized world is 0.05 percent. All 50 states and the District of Columbia switched to 0.08 percent after President Bill Clinton signed a law in 2000 that withheld highway construction money from states that did not agree to that standard.
The rate of deaths from crashes where the driver is found to be legally drunk is about 30 percent of all fatalities now, down from about 50 percent when President Ronald Reagan first raised the issue as a national concern in 1982. (The number of deaths is down to about 10,000 a year from 21,000 over the same period.) Highway deaths are decreasing over all because of better designed cars, seat belt use and better highways.
The lower blood-alcohol recommendation would most likely face opposition from distillers, brewers, vintners, bars and restaurants, which could face a substantial loss of business.
Sarah Longwell, the managing director at the American Beverage Institute, a restaurant trade association, called the idea “ludicrous.”
“Moving from .08 to .05 would criminalize perfectly responsible behavior,” she said. And “further restriction of moderate consumption of alcohol by responsible adults prior to driving does nothing to stop hard-core drunk drivers from getting behind the wheel,” she said.
If the board moves ahead, it will have the support of other advocates, but not Mothers Against Drunk Driving. That group said it favored many parts of the board’s agenda, including mandatory installation of the breathalyzer interlock for anyone convicted of driving drunk, research on the passive alcohol sensors and “administrative license revocation,” which gives police officers on the highway the authority to seize a driver’s license at the time of an arrest. Those show strong potential for reducing the death toll, said J.T. Griffin, a Washington representative of the group.
The discussion of changing the definition of drunk, he said, was the safety board “trying to focus on a group of people who are more social drinkers, who haven’t been targeted in a while.” MADD would not oppose the change, he said, but would pursue other remedies.
The 0.08 percent limit is one legal standard under which a driver can be convicted of driving under the influence and constitutes “per se” inebriation. Without a test, or even with a test with a lower result, a driver could still be convicted on the basis of other evidence, including the observations of a police officer and the results of a field sobriety test. But such convictions are rare.
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Wow, this could be a real shock to those who like to have a couple of drinks before driving home after work. It’s possible the legal blood-alcohol limit could be reduced from .08 to .05. That would be at least a one-drink difference for many people and could mean the difference between being arrested or not.
I have mixed feelings about such a change. It wouldn’t affect me personally because I don’t drink, but many of my friends and family do. There’s no question that a blood-alcohol level below .08 does make some drivers less able to drive safely. On the other hand, this new limit would be getting pretty close to telling people they just cannot drink at all if they’re going to drive. There’s a balance in there somewhere, and I don’t know where it is. I do know this would be bad news for bars and very good news for criminal defense lawyers!
That change is a new recommendation from the National Transportation Safety Board. The details are contained in an article from the New York Times yesterday. Here are excerpts:
Thousands of people are killed or injured every year by drivers who have been drinking but are not legally drunk and have a reduced ability to see, make decisions or operate a vehicle, the National Transportation Safety Board has said. The board met recently to consider recommending that the states reduce the allowable blood-alcohol concentration by more than a third, to 0.05 percent from 0.08 percent, the national standard that was established a decade ago at the instigation of Congress.
The 0.05 percent standard is mostly focused on social and casual drinkers, but researchers hope it will reduce consumption among all drivers. Any recommendation made by the board would carry substantial influence.
Blood-alcohol concentration varies by body weight, gender, stomach contents and other factors, but generally speaking, a 180-pound man could consume four beers or glasses of wine in 90 minutes without reaching the current limit. At a limit of 0.05 percent, he could legally consume only three. A 130-pound woman could probably consume three drinks in 90 minutes and still be legal under the existing standard; if the limit were lowered, she could consume only two.
The board voted last year to recommend that anyone convicted of drunken driving be required to install a breathalyzer interlock in their car, which would prevent the vehicle from starting without an alcohol test, a strategy intended to combat repeat offenders. And the board favors research on built-in alcohol detectors for new cars, which could measure blood-alcohol content through a driver’s palms on the steering wheel or some other unobtrusive way. Those could be available as an option on new cars or could be universally required. Either would affect drinkers who have never been caught driving, who make up more than 90 percent of those involved in fatal crashes that are related to alcohol.
People with a blood-alcohol level of 0.05 percent are 38 percent more likely to be involved in a crash than those who have not been drinking, according to government statistics. People with a blood-alcohol level of 0.08 percent are 169 percent more likely.
The standard in most of the industrialized world is 0.05 percent. All 50 states and the District of Columbia switched to 0.08 percent after President Bill Clinton signed a law in 2000 that withheld highway construction money from states that did not agree to that standard.
The rate of deaths from crashes where the driver is found to be legally drunk is about 30 percent of all fatalities now, down from about 50 percent when President Ronald Reagan first raised the issue as a national concern in 1982. (The number of deaths is down to about 10,000 a year from 21,000 over the same period.) Highway deaths are decreasing over all because of better designed cars, seat belt use and better highways.
The lower blood-alcohol recommendation would most likely face opposition from distillers, brewers, vintners, bars and restaurants, which could face a substantial loss of business.
Sarah Longwell, the managing director at the American Beverage Institute, a restaurant trade association, called the idea “ludicrous.”
“Moving from .08 to .05 would criminalize perfectly responsible behavior,” she said. And “further restriction of moderate consumption of alcohol by responsible adults prior to driving does nothing to stop hard-core drunk drivers from getting behind the wheel,” she said.
If the board moves ahead, it will have the support of other advocates, but not Mothers Against Drunk Driving. That group said it favored many parts of the board’s agenda, including mandatory installation of the breathalyzer interlock for anyone convicted of driving drunk, research on the passive alcohol sensors and “administrative license revocation,” which gives police officers on the highway the authority to seize a driver’s license at the time of an arrest. Those show strong potential for reducing the death toll, said J.T. Griffin, a Washington representative of the group.
The discussion of changing the definition of drunk, he said, was the safety board “trying to focus on a group of people who are more social drinkers, who haven’t been targeted in a while.” MADD would not oppose the change, he said, but would pursue other remedies.
The 0.08 percent limit is one legal standard under which a driver can be convicted of driving under the influence and constitutes “per se” inebriation. Without a test, or even with a test with a lower result, a driver could still be convicted on the basis of other evidence, including the observations of a police officer and the results of a field sobriety test. But such convictions are rare.
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As you go to your picnics and family gatherings today please remember the reason for this holiday — to pay our respects to those who have sacrificed to preserve our freedom.
PBS has a wonderful Memorial Day site where you can post and read comments about service members from any of our nation’s wars. Take a look, and leave a note if you can.
Here is a Memorial Day message from Secretary of Veterans Affairs Eric K. Shinseki:
This weekend, Americans in large numbers will visit our national cemeteries and other final resting places to honor their loved ones, their friends, neighbors, colleagues, even some unknown to them—men and women who gave their lives in defense of our Nation.
Memorial Day is a time to reflect on their service and their sacrifice, even as our Armed Forces are performing difficult and dangerous missions in distant lands. They continue to safeguard our American way of life.
Memorial Day is set aside to honor the more than one million of our fellow citizens who have fallen in battle since the founding of our Republic. Their service helped to shape us as a Nation and secured, for us and our friends and allies, our security in a troubled world. Except for their service, we all would be facing different circumstances today.
During World War II, American forces literally helped to save the world from tyranny and oppression. Those who marched to the guns in the 1950’s saved a Nation. And the most devastating conflict in our history, the American Civil War, preserved a Union that would, within a hundred years, emerge as a world power, dedicated to preserving freedom and liberty.
Every generation has done its duty, just as today’s 1.37 million members of our Armed Forces are doing theirs under difficult circumstances.
On Memorial Day, their service in uniform stands in contrast to our ball games and backyard barbeques. Our defenders are ordinary Americans performing extraordinary deeds, bearing all the risks for our way of life. In remembering the Fallen, we honor the men and women who kept faith with our enduring principles of “Life, Liberty, and the Pursuit of Happiness.” We remember, as well, those who keep the faith today and honor their patriotism, valor, dedication, and loyalty.
A memorial written by Civil War-era orator, Robert Green Ingersoll, eloquently captures the significance of Memorial Day for all generations of our Fallen:
They died for liberty—they died for us. They are at rest.
They sleep in the land they made free, under the flag they rendered stainless. . . . Earth may run red with other wars, but they are at peace.
In the midst of battles, in the roar of conflict, they found the serenity of death.
I join with all VA employees in honoring those who have been called to the Altar of Freedom, in offering prayers for them and their families, who sacrifice still today, and in asking for the Almighty’s continued blessings on this great Nation.
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Dallas survived snow on Christmas Day (Wasn’t that fun for all the kids?), and we should get past New Year’s Eve with no ice on the roads. But this is still a good time for some winter driving tips. This guest post is from Richard McMunn:
Although there is a simple method that motorists can use to prevent wintertime accidents, in the form of avoiding the road altogether under bad conditions, that is not a practical solution for most individuals. Sometimes motorists must brave the roads despite poor visibility, frozen or semi-frozen precipitation, and almost invisible patches of black ice on the asphalt. These motorists should adopt cautious driving practices and have their vehicles readied for winter, while also keeping supplies on hand to handle bad contingencies.
Motorists should get their vehicles checked out even before winter has arrived. Wintertime conditions are often more stressful on vehicles, meaning that the chances of vehicle failure are higher during winter. Similarly, the consequences of vehicle failure are also more serious during winter, meaning that motorists should have greater incentive to make sure that their vehicles are in top condition. Not a single aspect should be neglected, not even the lights and windshield. Depending on the local climate and road conditions, motorists should also get their tires replaced. All-season tires might be suitable in more temperate climates, but such tires are not meant to handle either ice or snow and should be replaced with snow tires. Motorists who have questions about the best preparation for local wintertime driving conditions should never hesitate to consult their mechanics.
Once out on the road, motorists should exercise additional care appropriate to their current driving conditions. For example, if there is precipitation falling, motorists should turn on their lights to alert oncoming vehicles, reduce their driving speed, and maintain more distance between vehicles to compensate. Similarly, motorists should not come to sudden stops as that can send vehicles skidding, which is more reason to maintain the additional distance. Inexperienced motorists should take particular care when passing over less-traveled roads that are prone to freezing over due to the absence of traffic. On a related note, both experienced and inexperienced motorists should tell someone their travel route in case they get lost or become stranded out in the cold.
Motorists should also take care to maintain a kit to get them through roadside emergencies. In general, such kits contain tools and supplies for both getting them out of roadside emergencies and handling the aftermath. For example, beacons and flares tend to be essential to wintertime kits, as are rope, shovels, and salt that can be used to dislodge stuck vehicles. Similarly, most kits should also contain booster cables, spare tires, and tire sealant. For survival purposes, wintertime kits should also include food, water, warm clothing, a flashlight, either a blanket or a sleeping bag, plus a first aid kit that also contains needed medications. Stranded motorists should remain in their vehicles for shelter, rely on light sources to flag down passing vehicles, try to avoid strenuous labor, and avoid running their engines. Of course, all motorists should also bring along cell phones to contact the proper authorities in case of need.
Richard McMunn is the director and founder of How2become.com; a career and recruitment specialist. Richard has written a number of books and helped numerous applicants prepare for and pass recruitment processes. Connect with How2become on Twitter.
References:
http://www.mto.gov.on.ca/english/safety/winterdrive/winterdrive.shtml
http://www.weather.com/activities/driving/drivingsafety/drivingsafetytips/snow.htm
Source: http://www.pissd.com/2012/12/how-to-drive-safely-despite-wintertime-conditions/
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