Walking While Intoxicated Is A Major Cause Of Pedestrian Deaths

Walking home after a few drinks may seem like a safer alternative to getting behind the wheel, however a new study released by the National Highway Traffic Safety Administration (NHTSA) shows that walking while intoxicated is a major cause of pedestrian deaths.

In 2011 alone, 35 percent of pedestrians killed had a BAC level above the legal limit for driving, which is .08 or higher. The largest age range of pedestrians killed is the 25-34 year old range, accounting for 50 percent of the alcohol related pedestrian fatalities. Overall, pedestrian deaths are up 3 percent from 2010.

In response to the increase in pedestrian deaths, the NHTSA has created the "Everyone Is A Pedestrian" campaign.

The following are safety tips for pedestrians from the NHTSA:

• Be predictable. Follow the rules of the road and obey signs and signals. 
• Walk on sidewalks whenever they are available. 
• If there is no sidewalk, walk facing traffic and as far from traffic as possible. 
• Keep alert at all times; don't be distracted by electronic devices that take your eyes (and ears) off the road. 
• Cross streets at crosswalks or intersections whenever possible. This is where drivers expect pedestrians. 
Look for cars in all directions - including those turning left or right. 
• If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows you enough time to cross safely, and continue to watch for traffic as you cross.
• Never assume a driver sees you. Make eye contact with drivers as they approach you to make sure you are seen.
• Be visible at all times. Wear bright clothing during the day, and wear reflective materials or use a flashlight at night.
• Watch for cars entering or exiting driveways, or backing up in parking lots.
• Avoid alcohol and drugs when walking; they impair your abilities and judgment too.

The following are safety tips for drivers from the NHTSA:

• Look out for pedestrians everywhere, at all times. Safety is a shared responsibility. 
• Use extra caution when driving in hard- to-see conditions, such as nighttime or in bad weather. 
• Slow down and be prepared to stop when turning or otherwise entering a crosswalk. 
• Yield to pedestrians in crosswalks and stop well back from the crosswalk to give other vehicles an opportunity to see the crossing pedestrians so they can stop too. 
• Never pass vehicles stopped at a crosswalk. There may be people crossing that you can't see.
• Never drive under the influence of alcohol and/or drugs.
• Follow the speed limit, especially around people on the street.
• Follow slower speed limits in school zones and in neighborhoods where there are children present.
• Be extra cautious when backing up - pedestrians can move into your path.

Contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of a pedestrian accident.

Voice-To-Text Methods Are Equally As Dangerous As Manually Texting While Driving

Despite being marketed as a safer alternative, new studies are proving that voice-to-text methods are equally as dangerous as manually texting while driving. It has been maintained that hands-free devices are safer because they allow drivers to keep their eyes on the road and their hands on the wheel. This is untrue.

A distraction is considered anything that takes a driver away from the task of safely operating a vehicle. There are three types of distractions a driver can encounter while on the road: visual, manual, and cognitive; anything that takes your eyes off the road, your hands off the wheel, or your mind off the task at hand.

Voice-to-text produces a byproduct referred to as "tunnel vision" or "inattention blindness." It's as if the driver only looks straight ahead, or the driver goes through the motions of scanning the roadway, but does not actually see what they're looking at. "Police accident investigative reports are filled with comments like the driver ‘looked, but did not see.' That's what drivers tell them. We used to think they were lying, but now we know that's actually true," said Peter Kissinger, CEO and president of the AAA Foundation for Traffic Safety

In AAA's study, brain waves and reaction times of drivers on roads and simulators were measured to compare levels of distraction. Listening to the radio registers as a minimal distraction, between 1.3 and 1.7 on a five-point scale. Using a cellphone or talking to a passenger registered as 2.3 to 2.5. Voice-to-text devices, such as a smart phone or GPS system, registered as a high distraction level of 3.1. Delay in reaction time while driving went from 15% while using a cell phone to 25% while using voice-to-text devices. It is estimated that by 2014, all new vehicles will come equipped with voice command capabilities.

Contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of a distracted driver.

Social Media And Your Personal Injury Claim

Personal injury attorneys often warn their clients not to discuss their case with anyone, this includes broadcasting the status of your suit to all of your friends and family online. Your online community isn't the only one that may be interested in your status updates, so are defense attorneys and insurance companies.

So you've been in an accident. Even though you are injured, you send out a casual status update to tell your friends that you're doing fine and will be back to normal in no time. Even though your comment was only one of reassurance, the defense can use this comment to make it seem like your injuries were only minor.

Videos and photos that you post online, even old, seemingly innocent ones, can be used against you as well. Your friends may even be called as witnesses about the state of your health. Your safest option is to cancel all social media accounts until after the conclusion of your case.

Defense attorneys and insurance companies will attempt to gather information that will benefit their case. If you haven't deactivated your social media accounts, here are a few precautions you should take if you have been involved in an accident:

• Never grant permission to anyone to look through your social media accounts.
• Remove all videos, photos, and status updates that could hurt your case.
• Do not accept any friend requests from people you do not personally know. 
• Be sure to activate your privacy settings. In spite of this, there are ways to gather information from your social media accounts, but you can make it more difficult for them.
• Never respond to messages from people you do not know. 

You may be entitled to compensation if you have been injured due to the negligence of another party. Contact the Missouri Personal Injury Attorneys of The Glassman Law Firm at 314.446.6000 to go over your legal rights and options.

Car Accident Attorney In St. Louis

The Glassman Law Firm, P.C. of St. Louis has been helping personal injury victims in the State of Missouri win substantial settlements and awards for many years. Our team has 50 years of combined courtroom experience, and we are proud of the fact that most of our clients have been referred to us by other satisfied clients.

In 2005, 78 more people died in traffic accidents on Missouri's roads than in 2004. The 1,208 deaths is a 7% increase from 2004. The number of deaths has not been below 1,000 since 1994. The Glassman Law Firm, P.C. understands that as an accident victim or the family of a victim, you may be overwhelmed and suffering from emotional, physical and financial injuries. Defending your rights is probably secondary in your mind to your personal recovery process. However, the justice system strives to return the victims of personal injury to some semblance of life they led prior to an injury. While monetary compensation cannot change the past, it can help lessen anxiety about medical bills, employment, rehabilitation, and your future.

According to the National Highway Traffic Safety Administration (NHTSA), there were more than 6 million reported motor vehicle crashes in 2004. While the majority of accidents involved only damage to property, 38,000 lives were lost and almost 2 million people were injured. Even minor accidents can produce injuries that are disproportionate to the event, and symptoms may not arise until well after the original accident. People involved in motor vehicle accidents include:

• Drivers of vehicles involved in accidents where another driver was at fault,
• Passengers in vehicle accidents whose driver or the driver of another vehicle was at fault,
• Pedestrians hit by vehicles, and
• Cyclists and motorcycle riders hit by motorists.

Under Missouri state and federal law, those injured in accidents caused by the negligence or recklessness of others are entitled to file a civil action suit - called a "tort" - against those who caused them harm. The plaintiff (claimant) files a lawsuit against the party that caused the injury (defendant). If negligence is proven, the defendant must pay the plaintiff monetary "damages" that may include consideration for present and future loss of earnings, medical expenses and pain and suffering. In order for the plaintiff to recover damages, a skilled attorney must prove the critical elements of negligence:

1. The defendant had a duty to the plaintiff.
2. The defendant failed in that duty.
3. The plaintiff was injured and damages resulted from the defendant's breach of duty.

Accident-related injuries range from minor to serious and permanent. If you have been injured in an automobile accident, your physical trauma is probably compounded by the uncertainties of your financial future. How will you pay medical bills and make up for lost income?

In Missouri, automobile owners are required to carry proof of insurance coverage. If the other driver has no liability insurance, your own policy does provide benefits to protect you against uninsured drivers. If the responsible driver did not have a sufficient amount of liability insurance to adequately compensate you for all of your damages, we can assist you in presenting an underinsured motorist claim against your insurance company if you purchased this coverage in your automobile policy. These are very important and frequently misunderstood coverages. Although uninsured and underinsured claims are brought against your own company, your company cannot legally cancel your policy or raise your premiums for making these claims because they are not considered "chargeable losses" under your policy (i.e., they are not your fault). It is best to consult The Glassman Law Firm, P.C. so that your rights to seek damages are fully explored and pursued against responsible drivers and insurers. This is especially so when:

• There was a fatality.
• Bones were broken or fractured.
• Surgery has or will be required.
• There is permanent and serious injury or disfigurement.
• There is significant rehabilitation time and disability from work.

If you are eligible for damages, your compensation may include medical expenses, lost income, property damage, and pain and suffering damages. If the accident was caused by someone else's negligence (exceedingly reckless or careless behavior), punitive damages may be awarded.

At The Glassman Law Firm, P.C., we relentlessly pursue compensation for our injured clients. Mr. Glassman and his committed staff are personally involved in the unique nature of your injury and how it has affected your life. Our open-ended consultations are free of charge. Let us know if we can be of service to you.

Contact us today at (314) 446-6000, or you may contact us via our online form.

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MDOT launches Pedestrian Safety Campaign- 2011 Statistics Show Pedestrian Accidents on the Rise in Missouri

Photo credit anankkml

According to a recent article, pedestrian accidents are rising in Missouri, worrying officials. The article states, “After just nine months in 2011, the number of pedestrian traffic deaths is nearly equal to those experienced in 2010,” reports the Missouri Department of Transportation. “In fact, during the first quarter of 2011, 21 pedestrian deaths were recorded, compared to nine during the same period in 2010.”

As a St. Louis pedestrian accident attorney I find these statistics disturbing. Why is this happening? The experts don’t know, and it appears there are no patterns to point to the increase. “Slightly more pedestrians died last year on city streets (31) than on interstates or rural stretches of highway (28). And the 941 injuries in Missouri towns were more than triple those on the long-haul routes,” the article states. 

Motorists are required to do everything they can to avoid hitting pedestrians. That means slowing down or stopping as they approach crosswalks or intersections where pedestrians may be present. However, pedestrians have a responsibility to use good judgment and do their part to prevent an accident. "It's a two-way street," said Brent Hugh, Executive Director of the Missouri Bicycle and Pedestrian Federation. "Drivers need to watch and drive with care around pedestrians, and pedestrians need to look for cars. Even when the pedestrian has the right of way, that right won't stop an oncoming vehicle."

The article states a few tips on how to stay safe as a pedestrian, “When walking by a road, walk against the traffic; when crossing one, always be aware that your electronic devices may be making you vulnerable. Try to make eye contact with the drivers, but never assume you have been seen when you step out into traffic.” 

In fact, the Missouri Department of Transportation (MDOT) has launched a new pedestrian safety campaign on their website with the slogan “Be Safe, Be Seen, Arrive Alive.”

As a pedestrian accident attorney, if you have questions or concerns about a pedestrian accident or pedestrian injury, please reach out to me at www.glassmanlegal.com.

Be safe and take good care ~ Attorney Stephen Glassman, Glassman Legal

Stay up to date with the latest pedestrian accident information by following me on Twitter @GlassmanLegal.