Welcome to the Blog of The Glassman Law Firm, P.C., St. Louis Personal Injury Attorneys

We blog about relevant issues in personal injury law, discuss the misconceptions surrounding personal injury law and some of the most popular cases in the news, inform on the legal and political landscape of tort reform and insurance company lobbying, and provide readers with helpful personal injury information and resources. Please visit www.glassmanlegal.com for more information.

Saturday, October 19, 2013

When To Contact An Attorney Following A Traumatic Brain Injury

Approximately 1.4 million people sustain a traumatic brain (TBI) injury each year in the United States. Of that number, three out of four are considered a "mild" traumatic brain injury (mTBI).

According to the Mayo Clinic, mTBI symptoms include:
  • Loss of consciousness for a few seconds to a few minutes
  • No loss of consciousness, but a state of being dazed, confused or disoriented
  • Memory or concentration problems
  • Headache
  • Dizziness or loss of balance
  • Nausea or vomiting
  • Sensory problems, such as blurred vision, ringing in the ears or a bad taste in the mouth
  • Sensitivity to light or sound
  • Mood changes or mood swings
  • Feeling depressed or anxious
  • Fatigue or drowsiness
  • Difficulty sleeping
  • Sleeping more than usual
The October 2013 issue of the Journal of the American Academy of Orthopedic Surgeons (JAAOS) published an article discussing mild traumatic brain injuries and the accidents most responsible for them. JAAOS found that falls and motor vehicle accidents are to blame for most cases of minor traumatic brain injuries, and a common cause of bone and joint injuries. Lead study author Richard L. Uhl, MD, an orthopaedic surgeon at Albany Medical Center in Albany, N.Y. found that "Musculoskeletal injuries are often seen concurrently with some studies estimating that 50 percent of patients with orthopaedic injuries also sustain a mTBI."

This silent epidemic, as dubbed by the Centers for Disease Control and Prevention, is considered a major public health issue. Patients that suffer a mTBI and multisystem trauma are twice as likely to have persistent cognitive impairment, along with reported symptoms of depression, anxiety and PTSD. Patients with mTBI paired with lower extremity injuries are three times as likely to undergo behavioral and cognitive difficulties at a year post injury. Patients whose symptoms last more than three months are said to have post-concussion syndrome. This disorder can be linked with significant financial, social, and emotional challenges.

These symptoms are why it's imperative an attorney is contacted after an accident. If you or a loved one has suffered any type of traumatic brain injury due to the negligence of another party, contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 or find them online at www.glassmanlegal.com. While your life my never be the same, the Glassman Law Firm will fight to get you the damages you are entitled to.

Monday, September 23, 2013

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.

Monday, September 16, 2013

Missouri Motorcycle Accident Attorney

Safety is a priority for many bikers. Unfortunately, the NHTSA found that "per mile traveled, motorcyclists are about 37 times more likely than passenger car occupants to die in a traffic crash." According to the National Highway Traffic Safety Administration's latest data involving motorcycle accidents, 5,290 motorcyclists were killed and 96,000 were injured in 2008. This is a 2% increase in fatalities from the previous year.

While you can't control other people's actions, there are steps you can take to begin your ride more safely. Maintaining your bike is extremely important. Be sure to check tire pressure, inspect the wheels, inspect the cables and hoses, test lights and turn signals (if any), check oil and fluid levels, and review the overall condition of the bike. If you don't feel safe riding it, leave it in the garage.

Personal safety is tremendously important as well. Always wear a helmet. The NHTSA found that helmets are 37% effective in preventing fatal injuries to bikers. Be sure to wear clothing that offers some level of protection. Wearing bright colors or reflective materials can only add to your level of safety. Wearing full fingered gloves with a non-slip surface can help maintain grip and prevent abrasions to the hands in an accident. Wearing leather boots to protect your feet will give you an added level of protection.

If you or a loved one has been injured or killed in a motorcycle accident, contact the Missouri Motorcycle Accident Attorneys of The Glassman Law Firm at 314-446-6000 or find them online at www.motorcycleaccidentattorneys.net.

Monday, August 12, 2013

The Safe and Efficient Transportation Act of 2013

Introduced in the house on February 12, 2013, the Safe and Efficient Transportation Act of 2013 (H.R. 612) would allow each state to permit vehicles exceeding certain federal weight limits to operate on Interstate Highway System routes within that state.

H.R. 612 states that vehicles can exceed federal standards if: the vehicle is equipped with at least six axles, the weight of any single axle does not exceed 20,000 pounds, the weight of any tandem axle does not exceed 34,000 pounds, the weight of any group of 3 or more axles does not exceed 51,000 pounds, and the gross weight of the vehicle does not exceed 97,000 pounds.

Maine and Vermont participated in a pilot program which allowed tractors with semitrailers up to 100,000 pounds gross vehicle weight and tandem axle weights up to a maximum of 46,000 pounds. Vermont allows trucks that weigh up to a maximum gross vehicle weight of 99,000 pounds, and trucks with tandem axles that weigh up to a maximum of 36,000 pounds plus a 10 percent additional weight allowance, which allows a total of 39,600 pounds.

This bill only supports one group: the shipper. Those in favor of the bill site efficiency in their reasoning. They believe packing more goods into an already dangerously large trailer will result in less trucks on the road and a reduction in fuel consumption. There is little regard for safety in this belief. Larger trucks means increased stopping distance, resulting in additional accidents on the roads. Groups like Parents Against Tired Truckers (PATT) advocate that truck crash deaths are increasing, thus truck size and weight limits should not.

Contrary to the claim that the bill would result in fewer trucks on the road, during the pilot period in both states combined, official reports from U.S. Dept. of Transportation Federal Highway Administration found the percentage of trucks in that weight category on the road has jumped. Commercial motor vehicle crashes on non-Interstate roads increased 24%, Interstate crashes increased 10%. During the pilot period, trucks were placed out of service (OOS) for brake violations between 54.2% and 66.2% of the time. The amount of roadside inspections alarmingly declined during this time.

This bill is also extremely worrisome to many due to the impact these large trucks have on roads. Opponents of the bill argue that heavier trucks will result in bridge failures across our nation's highway system. It is estimated that 25% of our nations bridges are not equipped to take on the increased load size.

The public strongly opposes having bigger, longer, heavier, deadlier trucks on our nation's roads and groups like PATT are urging Congress to reject this bill. Contact the St. Louis Truck Accident 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 collision with a tractor trailer. Visit www.glassmanlegal.com for more information about tractor-trailer accidents.

Thursday, August 1, 2013

What Is The Federal Safety Standard For Consecutive Hours Behind The Wheel For A Truck Driver?

Federal investigators found that a Wisconsin United Van Lines truck driver had been working more than 14 consecutive hours when he fell asleep at the wheel, resulting in the fiery crash that killed an Illinois State Police Trooper.

Though the investigation is ongoing, as of now the semi-truck driver has not been charged criminally in connection to the crash that killed Trooper James Sauter.

The Federal Motor Carrier Safety Administration's records state that the semi-truck driver as well as United Van Lines have been fined for violating a federal rule barring drivers from operating a semi-truck for more than 14 hours without getting 10 hours of rest.

Twenty-eight year old James Sauter had been a trooper since 2008 and earned a lifesaving medal as a cadet for coming to the aid of a female motorcycle crash victim that year.

Contrary to what most lay people may believe, a trucking case, unlike the routine auto accident case, requires the expertise of an experienced trucking lawyer who is well versed in the complex details of the Federal Motor Carrier Safety Act which regulate and govern the safe operation of large interstate trucking companies, including the training, examination, and licensing of their drivers.

Contact the St. Louis Truck Accident 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 collision with a tractor trailer. Go to www.glassmanlegal.com for more information about tractor-trailer accidents.

Thursday, July 25, 2013

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.

Monday, July 1, 2013

What Are The Dangers Of An Overloaded 15-Passenger Van?

On May 20, a 15-passenger van carrying church members veered off of an Illinois freeway and overturned, resulting in five fatalities and six people injured. Of the 11 people in the van, nine were ejected.

15-passenger vans have become a popular mode of transportation for church groups, sports teams, and summer activity organizers, however, the history regarding these vehicles has long been a dangerous one as Federal regulators have previously warned of its rollover danger. In crash data collected by the National Highway Traffic Safety Administration from 2003 to 2007, a 15-passenger van with 10 or more occupants carries a rollover rate three times higher than a 15-passenger van carrying less than five people. In 2007, 15-passenger vans that rolled over had 73% more fatalities than the previous year, occupant fatalities in all 15-passenger van accidents increased a total of 20% from 2006.

The Insurance Institute for Highway Safety (IIHS) sites a 2004 study by the NHTSA where the odds of a rollover accident for a 15-passenger van increased more than 400% when the van was fully loaded compared to a driver traveling alone. The IIHS acknowledges other factors that influence the safety of these passenger vehicles such as the vehicle's tire pressure, the vehicle's high center of gravity, the number of passengers, the amount of cargo, the use of seat belts, and the use of alcohol.

According to the NHTSA, if you are planning to take a trip in a 15-passenger van this spring, here is a helpful list of safety tips to ensure the trip is a safe one:
  • Never overload the vehicle. Agency research shows overloading not only increases rollover risk but makes the vehicle more unstable in any handling maneuvers.
  • Make sure the vehicle is regularly maintained, and that drivers are properly licensed and experienced in operating a 15-passenger van.
  • Have suspension and steering components inspected according to the manufacturer's recommended schedule and replace or repair these parts as necessary.
  • Ensure that vehicles are equipped with properly sized and load-rated tires.
  • Check the tires for proper inflation and signs of wear or damage. Correct tire size and inflation pressure information can be found in the owner's manual and on the door pillar.
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 an accident in a 15-passenger vehicle.