Underride Guard Safety Standards For Tractor Trailers

Research conducted by the Insurance Institute for Highway Safety has indicated that many manufacturers are fitting large truck trailers with safer, more efficient underride guards, however many manufacturers are still falling short.

An underride guard is intended to prevent a car from sliding under the rear end of a large truck, such as a tractor-trailer rig. While a large truck that is equipped with a functional underride guard can significantly increase the chances of surviving a rear-end crash with that truck or trailer, most guards have been unsuccessful in preventing deadly and catastrophic outcomes, according to crash tests conducted by The Insurance Institute since 2010.

When most vehicles slide under the rear end of a large truck, the top of the car --- hood, windshield and roof -- typically absorb the brunt of the impact. Adequate underride guards must necessarily prevent the intrusion of automobile bumpers under a large truck, in order for seatbelts and airbags to protect auto occupants from catastrophic injuries or death.

Although in 1998 the National Highway Transportation Safety Administration issued a mandate requiring that all trailers, including those pulled by big rigs and semis, that weigh 10,000 pounds or more, be equipped with an underride guard, the US standards fall short of their intended purpose unless passenger compartment intrusion is prevented. Hopefully further study and consideration of successful Canadian standards will result in an upgraded safety standard that will save lives in tractor trailer and big rig crashes.

Contact the St. Louis large truck attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has be injured or killed in a collision with a large truck.

  

Keep Your Family Safe And Buckle Up This Summer

After a six year decline, Missouri traffic fatalities are up 20%, this according to Missouri Highway Patrol. Statewide in 2011, there were 313 traffic fatalities. This year fatalities are up at 375. Of these crashes, two thirds of people were not wearing a seat belt.

Seat belts save lives. Seat belt use across the country is at 88% nationally, however there are still groups of people that are less likely to wear a seat belt. Teens, males in rural areas, commercial drivers, pick-up truck drivers, people driving at night and people who have been drinking all are less likely.

When preventing death and injury, wearing a seat belt is the singular most effective traffic safety device. From 2004-2008, seat belts saved more than 75,000 lives and reduced the risk of injuries in a crash by 50%.

There are safety belt laws in all states except for New Hampshire. In some states, like Missouri, adult seat belt laws only apply to front seat occupants. Police may stop a vehicle in 32 of our states solely for seat belt violations, in other states police must have another reason to stop a vehicle before giving a citation for failing to buckle up.

In 16 states, Missouri included, safety belt use can have implications in civil suits which is referred to as the “safety belt defense.” This defense can reduce damages collected by someone in a crash if the person was not wearing their safety belt at the time. By statute in Missouri, if the absence of a seat belt is found to have contributed to an injury, a victim's award may only be reduced by 1%.

All states have child restraint laws. These laws requires that children ride in approved devices until a certain age and weight, then use the vehicle’s own seat belt. A child 3 years and younger and/or 40 pounds or less must be in a child restraint. Children 4 to 7 years old who weigh between 40 and 80 pounds and are 4’9” or shorter must be in either a booster seat or a child restraint. All children who are 8 to 16 years old, all children who are 4 years old and older who weigh 80 pounds or more, or are 4’9” and taller are permitted to use an adult safety belt.

There is no doubt that wearing a safety belt can save a life. When embarking on family road trips this summer make sure that your family is safe and that everyone is buckled up.

Stay Safe Around Fireworks

With the fourth of July just around the corner, many families have already begun celebrating. It is important to be aware of the dangers of fireworks and how to safely use them, if you choose to.

The U.S. Product Safety Commission has released a report stating that in 2011 approximately 9,600 injuries and 4 deaths were attributed to firework use; that’s 1,000 more injuries than recorded in 2010. It is estimated that between the months of June and July, roughly 200 people will go to the emergency room for firework related injuries.

The remedy to avoiding any potential danger is simple, do not use fireworks at home. Leave the explosive displays to the professionals. This is the easiest and safest way for you and your family to enjoy the festivities. Pyrotechnicians stress that it’s too difficult for a non-professional to gauge the risk involved when lighting fireworks at home.

"While fireworks are exciting to see, they are potentially dangerous and when misused can lead to serious injuries, fires, burns and even death," said Missouri State Fire Marshal Randy L. Cole. "Misuse of fireworks is not only dangerous for the user, but also for the bystanders and surrounding structures. Even a sparkler—which is often thought of as safe for children—burns at a temperature that is hot enough to cause third degree burns.”

In addition to the potential bodily injuries, injury to property is also a factor, especially during periods of extended high temperatures and drought, as we are now experiencing. The National Fire Protection Association reported that in 2008, 22,500 fires were a direct result of fireworks. That number included 1,400 structure fires, 500 vehicle fires and 20,600 various other fires. These fires have resulted in approximately $42 million in property damages.

It is legal to purchase fireworks from licensed seasonal retailers in Missouri from June 20th to July 10th. Look for a state permit displayed at the retail location. There are 1,199 seasonal retailers in Missouri.

If you choose to use consumer fireworks, use them safely. Here are some helpful safety tips:

• Only purchase fireworks from a licensed retailer. Never purchase them illegally. 
• Wear eye protection and ear plugs. 
• Detonate only one firework at a time, after assuring that bystanders are a safe distance away. 
• Do not ever try to re-light a “dud.” 
• Wait at least 20 minutes and then douse with water to ensure it has been extinguished properly before throwing them away. 
• Keep a fire extinguisher or a hose nearby when you are setting of fireworks in case of emergency. 
• Children and fireworks do not mix! Do not permit unattended youngsters in the presence of unsupervised fireworks. 
• Store fireworks in a dry, cool place and do not save them from season to season. 

Remember, the best and safest way to enjoy fireworks is to see a professional display at one of the local venues. Click on the link below for a listing. Have a safe and happy Independence Day from The Glassman Law Firm.

http://www.fox14tv.com/story/18916466/schedule-of-public-fireworks-displays

Malpractice Premiums Increase While Patient Safety Is On The Decline

In society, we tend to collectively attach ourselves to something that sounds right, rather than taking the time to carefully consider all of the facts. One such instance is in the case of medical malpractice. Ask anyone and they will tell you (based upon millions spent on ads run by insurance companies and the chambers of commerce), “Premiums are outrageous as a result of people suing the doctors and bilking the system.” Sounds true? Wrong.

Since 2003, payouts to patients nationally have steadily declined to the tune of 51%. Still however, people are calling for “more reform” when the current reform has worked... for doctors.

By placing a cap on how much compensation a patient can receive, state legislatures have created a disincentive for hospitals and doctors to practice safer medicine. Regardless of how negligent a medical provider is, by limiting damages recoverable by the victims of medical negligence, the medical profession essentially feels that, “No matter how negligent we are, we will only pay for a fraction of our error.” Consequently, medical error rates remain dangerously high.

"Mistakes are happening every day in every hospital in the country that we're just not catching," says Dr. Albert Wu, an internist at Johns Hopkins Hospital. More than 250,000 people every year die as a result of medical errors, and medical error injuries are in the millions. These combined numbers result in medical malpractice being “the third leading cause of death" in the country, according to Dr. Peter Pronovost, an anesthesiologist and critical care physician at Johns Hopkins Hospital.

If we decided to adopt the same philosophy regarding auto insurance, we could rear-end a Rolls Royce and pay no more than if we hit a Dodge Neon. Unfortunately, that absurdity is commonplace in the medical field. They are saying the same thing, “Whether we give you a scar or we permanently disable you, even kill you or a loved one, we’re only offering a one-size fits-all package.”

Still think more reform is needed? The statistics show that while medical malpractice premiums in Missouri have increased from $108 million to $176 million over the past 20 years (an average of only 3.15% annually), the number of patient injury and death payouts have fallen dramatically from 16,000 to 8,450, a 47% reduction. From 1991-2011 the cost of annual claim payments, including legal defense fees, fell from $76 million to $61 million; 60% of claims paid were less than $250,000 and 80% were under $500,000. Yet premiums continue to rise as the insurance companies air misleading ads claiming that “excessive” jury awards compel them to raise prices.

Since 1991 the number of insurers selling malpractice insurance in Missouri has grown from 72 to 93, an increase that wouldn’t happen were the business of malpractice were unprofitable. This business is so profitable in fact, a new report reveals that the average profit margin for the top 10 medical malpractice insurers is twice as high as 50 of the most profitable Fortune 500 companies. A report done by the American Association for Justice found that by distorting profits and losses, insurers have created bogus malpractice insurance “emergencies” so that lawmakers would consider limiting the legal rights of injured patients.

The president of the American Association for Justice said, “While health care costs skyrocket, Congress should not give another handout to malpractice insurers that have average profits higher than 99 percent of Fortune 500 companies. Congress needs to focus on patient safety, not efforts that will pad the pockets of insurance companies at the expense of Americans’ legal rights.”

Are Personal Injury Lawyers Better than Quick Insurance Settlements in Today’s Economy?

Question: I’ve been seriously injured in an accident. Should I take the quick cash settlement from the insurance company?

Answer: As a St. Louis personal injury attorney, I have noticed a disturbing yet understandable trend. Many individuals who have been seriously hurt in an accident forgo hiring a personal injury lawyer and instead accept a quick cash settlement from the insurance company.  To answer this complicated question that many injured individuals are facing, we need to explore the current economic climate, and understand what happens when an insurance settlement is accepted.

If you have been in a serious accident such as a car accident, truck accident, or have sustained other serious personal injury caused by negligence of others, you will most likely find yourself working with an insurance company. Often they will offer you quick cash settlement. Many Americans have felt the pain of the recession and the current difficulties of living in an economy that just can’t seem to recover, so the temptation is to accept this quick and easy settlement. (Read this recent article on “theeconomiccollapseblog.com ” titled,  50 Economic Numbers from 2011 That Are Almost Too Crazy to Believe”  if you need statistical detail regarding the difficult economic conditions many Americans currently face.)

Given the statistics above, and adding ongoing medical bills and lost time from work to this economic pain, it is not surprising that families with significant injury claims accept the quick settlement. They forgo hiring a personal injury attorney, who may take a year or more to achieve full and fair compensation for them, in favor of quick cash, in order to move past the traumatic aspects of the accident and move on with their lives.

However, it is vital to bear in mind the insurance adjuster represents the insurance company, not the injured person. His job is to settle as quickly and cheaply as possible, before the injured person has an opportunity to consult with an experienced personal injury lawyer who can help him fully and fairly evaluate the injury, its effect on his life, and the full value of the case.

In these tough economic times, insurance companies typically offer less to needy injury victims than in prosperous economic times. They know that people who are facing more hardship may make more desperate decisions.  When dealing with an unsuspecting and unrepresented victim of a serious injury, an insurance adjuster has no obligation to disclose anything to the injured party concerning the long-term effects of the injury or the likely future care and costs of treatment.

Insurance adjusters who offer cash settlements will pay a significant amount less than the claim value, if that. To add to the pressure to settle, professional claim adjusters will often discourage an injury victim from seeking legal representation by informing him that he'll typically have to pay a lawyer 1/3 of his settlement, and asking, "Why give your money to a lawyer when we're willing to pay your claim now, without any legal fee being deducted?”  

This fraudulent approach implicitly assumes that an expert personal injury lawyer would not be able to achieve a higher settlement for the injury victim than he could obtain for himself by dealing directly with the adjuster, a fact disproven by every study conducted on the subject.  

So, in the short term, it is understandable why accepting the high-pressure insurance settlement seems like the “right” thing to do. But note this very important fact: once an insurance settlement is reached, your case is over. There are very few exceptions to this rule.

Here’s the rub: what if the short-term settlement is not enough in the long run? How could you know for sure that you and your family would have what you need? Recall that insurance adjusters will typically offer a quick settlement for a sum that, while perhaps sounds like a reasonable amount for the injury victim's current out-of-pocket expenses, may only represent 25-50% of the claim's true ultimate value. You do not want to be faced with unexpected financial surprises after you have already accepted the insurance money and your case is closed.

A qualified personal injury lawyer will determine the case’s true ultimate value by conducting a comprehensive analysis of how the injury has, and will in the future, affect the victim's life.  A fully investigated case will ensure proper compensation is reached.  Without ever investigating the long-term ramifications of injury, future treatment, recurrent and/or residual medical issues, risks, and costs, the victim of an injury is not only operating in the dark, but at a decided disadvantage when negotiating with claim representatives who are trained to know what the future is likely to hold for the injured person.  

Now that we have explored this question in depth, I hope all the facts point to the importance of finding and consulting with the most ethical and experienced injury lawyer before settling with the insurance company.  A personal injury lawyer can give those who have serious injuries the legal support they need to be fully compensated for their pain, suffering, disruption of life, both past and future costs of treatment and loss of income or livelihood.  In fact, our firm would not even accept an injury case unless we were certain that our representation would result in a higher net settlement (after fees), than the injury victim could achieve on his own.

I know how to fight the insurance companies. Beware the tempting quick cash settlement. Consult with a personal injury lawyer before you settle, and know your rights.

Please contact me with personal injury questions anytime. I am here to help you and your family through difficult times.

Take good care- Stephen Glassman, St. Louis Personal Injury Attorney.

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