Hire An Attorney With An Extensive Knowledge Of Trucking Rules And Regulations

The income of commercial truck drivers is often based on making deliveries under incredibly tight deadlines, with risk of losing pay if the deadline is not met. This makes the trucking industry one of the most competitive commercial industries in the United States. Regrettably, this culture leads to deadly driving tactics, such as driving fatigued. It is estimated by the Federal Motor Carrier Safety Administration (FMCSA) that operator fatigue plays a role in more than 40% of all tractor trailer accidents on our roads.

In an effort to eliminate drivers operating 40 ton commercial trucks while fatigued, the FMCSA requires that logbooks be filled out documenting hours of rest and sleep. Yet, drivers still regularly falsify these books with aid of trucking companies in order that shipments reach their destinations as quickly as possible. This puts the lives of everyone on the road at risk in order to maximize their profits.

Trucking companies who pressure their drivers to operate big rigs while sleep deprived (or who condone their drivers’ use of falsified logbooks that misrepresent their hours of rest and sleep) must be held responsible for this reckless disregard of public safety.

In recognition of this major risk to the safety and welfare of the driving public, the FMCSA enacted new Hours of Service Rules on 2/27/12. Compliance with these rules became mandatory on 7/1/13. Several of these rules impose penalties and form the basis of civil liability.

FMCSA's new Hours of Service final rule:

• Limits the maximum average work week for truck drivers to 70 hours (a decrease from the current maximum of 82 hours);

• Allows truck drivers who reach the maximum 70 hours of driving within a week to resume if they rest for 34 consecutive hours, including at least two nights when their body clock demands sleep the most (from 1:00 to 5:00 a.m.);

• Requires truck drivers to take a 30-minute break during the first eight hours of a shift; and

• Retains the current 11-hour daily driving limit and 14-hour work day.

The ongoing mayhem on our nation's highways will hopefully be reduced if the Department of Transportation can effectively enforce these new regulations that require necessary driver rest. We need to realize, however, that a lack of enforcement will only encourage large trucking companies to continue their reckless practices that favor profits over people.

Due to the catastrophic injuries and fatalities associated with large truck crashes, it is crucial that an attorney with an extensive knowledge of trucking rules and regulations is employed after a collision. Contact the Missouri Truck Accident Attorneys of The Glassman Law Firm at 314-446-6000 or at GlassmanLegal.com to ensure that your rights are protected.

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.

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.

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.

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.

When Companies Put Profits Ahead Of Consumer Safety...

Even though pharmaceutical and medical product manufacturers must follow strict Food and Drug Administration (FDA) regulations to ensure public health and safety, the well-being of consumers is not always at the forefront of profiting companies. In an attempt to increase profits, these companies conduct only the minimal safety tests, or they rush through production resulting in potentially dangerous side effects never being revealed. When any person or business puts making money before the health and safety of their consumer, they must be held liable for their negligence.

Many well known drugs on the market have been recalled due to dangerous side effects that were unknown to the FDA at the time they were approved. Regrettably, the FDA's post-market trials often come too late. This results in tens of thousands of people suffering life altering injuries, and sometimes death from dangerous or unlabeled side effects, false advertising or misrepresentation, or drug contamination. For that reason, class actions lawsuits against the manufacturers of Avandia, Chantix, Effexor, Paxil, Vioxx, and Yasmin are currently pending.

Each year, millions of people rely on a variety of medical devices to improve the quality of their lives, trusting that these devices are safe and beneficial. Yet many are faced with defective medical devices that often result in debilitating injuries, pain and suffering, and death.

The FDA has recalled over 100,000 Johnson & Johnson, Zimmer, and DePuy artificial hip and knee implants. These implants have been known to loosen, detach, dislocate, and cause infection from metal residue. Additional surgical procedures are required to correct the damage done by defective products. There is a class action lawsuit in place to secure compensation for those who require it.

Other medical devices recalled by the FDA include Medtronic infusion pumps, Boston Scientific coronary stents and catheters, and Synthes USA vertebral body implants.

Educate yourself on medical implants and prescription drugs. Speak to your doctor about the risks and the potential side effects involved. Find out if you risk further health complications by using a certain product. Research the manufacturer's safety record, its success rate, and the amount of time it has been on the market. Also be sure to ask your doctor whether or not they receive compensation from the manufacturer for prescribing the device or drug.

The consequences of pharmaceutical and medical product negligence can result in catastrophic injuries, emotional and financial hardships for the victim and their family, and death. If you have sustained injury, or if a loved one was killed, as the result of negligence by a pharmaceutical or medical product company, you and your family may qualify for compensation. Contact the Defective Product Attorneys of The Glassman Law Firm at 314-446-6000 to discuss 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.

Please see our Car Accidents Frequently Asked Questions.

Please see our Car Accidents Resources / Links.

Proposed Distracted Driving Legislation In Missouri

There are many environmental distractions a driver may face on the road, but because text messaging demands the manual, visual, and cognitive attention of a driver, it is probably the most recklessly negligent distraction, next to driving while intoxicated. The Virginia Tech Transportation Institute found that sending or receiving a text takes a driver's eyes off the road for an average of 4.6 seconds. This is the equivalent of driving more than the length of an entire football field at 55 mph, blind. Colorado studies have shown that the reaction time of texting drivers is equivalent to that of drunk drivers!

Distracted driving is a dangerous epidemic in our country. In 2011 alone, 3,331 people were killed in distracted driving related incidents and another 387,000 people were injured. That number is up from the 3,267 people that were killed in 2010.

There are two Missouri bills currently in the legislature that seek to expand the state's ban on texting while driving to drivers of all ages, says handsfreeinfo.com. Currently the law only applies to drivers under the age of 21. The 20 and under age group has the greatest number of drivers reported to have been distracted during a fatal accident.

The Columbia Missourian recently reported that on average, fewer than four people per month have received a texting while driving ticket; and out of Missouri's 114 counties, half of them have ticketed no one. Prosecutors believe that the age barrier makes it difficult for police to pull drivers over, since they must make an age determination of the driver while they're in a moving vehicle.

The following distracted driving bills will be taken up by the Missouri House of Representatives in 2013:

House Bill 145: This bill would outlaw the use of any handheld wireless communication device while driving unless the device is equipped with hands free voice recognition technology, and is being used in this manner.

House Bill 394: This bill would apply Missouri's text messaging law to all drivers. Hands free voice recognition technology is exempt from this.

House Bill 524: This bill will prohibit all drivers, regardless of age, from text messaging while operating a moving vehicle unless the device being used is equipped with technology allowing for voice-recognition hands-free texting.

Contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 if you have been injured in an accident involving a distracted driver.