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.
Showing posts with label St. Louis Personal Injury Lawyer. Show all posts
Showing posts with label St. Louis Personal Injury Lawyer. Show all posts

Tuesday, August 12, 2014

We Are Here To Help.

The Glassman Law Firm is here to fight for you. We will take on the smallest to largest of corporations to ensure that reparations are made for pain and suffering you incurred at the irresponsible hands of another.

As a motorist, a few things are expected of you. Insurance, registration and proof of ownership (title). These are minimal things to ask of our citizens yet many will forgo the requirements for reasons they believe to be justified.

Unfortunately, when these motorists take the road, they are subject to being involved in-- or causing a car accident. The statistics reveal they are far more likely to cause a wreck than a properly insured driver. Which leads to why they probably don't have insurance in the first place.

What recourse do you have if you are involved with an uninsured or underinsured motorist? Will your insurance company foot the bill?
We at at The Glassman Law Firm, P.C., will fight aggressively on your behalf to see to it that you aren't stuck with a bill incurred by an irresponsible motorist.

If you or someone you know has been involved in a motor accident with a passenger and or commercial vehicle and the other party was uninsured/underinsured--give us a call. Time is paramount. We are here for you.

Wednesday, November 6, 2013

Johnson & Johnson Reaches Settlement For Misleading Schizophrenia Drugs Practices

It was announced on November 4, 2013 that Johnson & Johnson is ordered to pay $2.2 billion a settlement involving the schizophrenia drugs Risperdal and Invega. This penalty is one of the largest health care related settlements in the country, says the Justice Department.

Arkansas was paid $1.2 billion in fines from Johnson & Johnson in 2011 for deceptive marketing and making false claims about the drug Risperdal. The FDA approved Risperdal to treat schizophrenia, however it was marketed to doctors and nursing homes as a treatment for elderly patients with dementia.

In addition to falsely marketing the drug, Johnson & Johnson was aware that patients on Risperdal were at an increased risk for developing diabetes, yet never publicly disclosed that information, according to the settlement. The drug was encouraged in nursing homes by way of paid pharmacists being sent to nursing homes to review patient records.

"Although consultant pharmacists purported to provide 'independent' recommendations based on their clinical judgment, J&J viewed the pharmacists as an 'extension of [J&J's] sales force,'" said the Justice Department. General Eric Holder said kickbacks and other incentives could have put the "health of some patients at risk."

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.

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.

Wednesday, March 20, 2013

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.

Friday, March 1, 2013

Trucking Accident Attorney In St. Louis


In 1980, before the interstate trucking industry was deregulated, there were approximately 20,000 interstate motor carriers operating in the United States. Following deregulation, the American Trucking Associations undertook a study in 2002 which revealed that there are over 500,000 truckers using our highways. This increased competition for trucking business has motivated the less principled companies to cut corners and "overlook" the hours-of-service regulations that legally limit the number of hours that a trucker can drive per week. As a result, 40 ton commercial tractor-trailer rigs are being operated on our highways by sleep deprived drivers every day. How and why does this happen?

Federal law limits the number of hours a tractor-trailer operator can be "in service" each week. Federal law considers a trucker who is waiting for his cargo to be loaded or unloaded to be "in service." Even though a trucker is legally "in service" when waiting for his cargo, the trucking companies do not pay drivers for this wasted time. They are paid only for miles driven.

How do these big-rig drivers make money with these pay limitations? Many of them break the law by falsifying their driver logbooks, by understating their loading time and claiming they accomplished their 300-500 daily driving miles during normal hours. In truth, because they had to wait several hours for a load, they violate the hours-of-service laws and drive most of the night in order to get paid for mileage.

This cheating could easily be discovered by the trucking companies if they cared about highway safety. Today, many trucks are equipped with global positioning satellite (GPS) technology and computers which enable the trucking companies to know exactly where their trucks are at all times, when a truck is being driven and how long a driver has been parked. Even before GPS, trucking companies had access to security gate logs at all of the docks where their drivers picked up and delivered, showing exactly how long a driver was loading versus driving. In addition, trucking companies have always reimbursed their drivers for fuel, maintenance and personal expenses, and these bills, if reviewed, would reveal when and where drivers stopped to eat, refuel or have repairs performed.

The bottom line is this: Many trucking companies know that their drivers break the law, but "look the other way" because profit is more important to them than the safety and well-being of citizens who have to share the highways with tired tractor-trailer drivers.

Is this a serious enough problem to make these negligent trucking companies take responsibility? In 1995, the U.S. Department of Transportation convened the first National Truck and Bus Safety Summit at which safety experts concluded that driver fatigue was the number one safety issue facing their industry.

In 1999, a Department of Transportation study on driver fatigue and alertness revealed that 28% of these tractor-trailer drivers reported falling asleep at the wheel at least once in the prior month!

The Highway Traffic Safety Administration estimates that 30% of the deaths and 70% of highway injuries are the result of negligently operated trucks by fatigued drivers. In 2005, Annette Sandberg, Administrator of the Federal Motor Carrier Safety Administration, cited statistics showing that negligent fatigued truck drivers were responsible for 410 deaths and more than 7,500 other non-fatal crash injuries.

Missouri is a prime example of how these trucking companies recklessly disregard the law. In 2005, the Missouri Highway Patrol issued 4,183 tickets to truckers who violated the hours-of-service regulations or driver logbook regulations, and this number does not include the big-rig drivers who were simply let off with warnings instead of citations. Imagine: the Missouri Highway Patrol catches more than 11 semi drivers breaking the law every day!
These startling numbers do not take into account the thousands of semi crashes caused by negligent loading, alcohol and substance abuse, improper braking and merely driving too fast for weather conditions.

Finally, we can look forward to even greater risk of death and serious injury on our highways thanks to a U.S. Department of Transportation pilot program that will permit Mexican trucks to travel directly from Mexico to their destinations in America, beginning in April, 2007. Despite objections by Rep. James Oberstar, Chairman of the House Transportation Committee and Todd Spencer, Executive Vice-President of the Owner-Operator Independent Driver’s Association, with regard to the safety of these Mexican truckers, the profits available to the trucking industry under NAFTA appear to have superseded concern for public safety.

The Glassman Law Firm, P.C. is committed to helping the victims of big-rig trucking accidents and making the trucking industry accept responsibility for violation of federal safety regulations. When we pursue these cases, we hire nationally known experts in safety regulations, accident reconstruction and fleet maintenance to show juries exactly why and how our clients have been killed and disabled by trucking companies who have little regard for public safety. If you or a loved one has been involved in a trucking accident, contact The Glassman Law Firm, P.C. for a prompt free consultation.

For more information on Trucking Accidents click here to view Mr. Glassman's interview on ABC's "Legal Minds."

Wednesday, January 16, 2013

Dangerous Premises Attorney In St. Louis


Owners, managers and occupants of retail stores, parking lots, apartment complexes, construction sites, and even homeowners are all responsible for proper maintenance, inspection and repair of dangerous conditions on their property which may cause foreseeable injuries to visitors. The law imposes a duty of reasonable care upon these people who are responsible for the prevention of accidents, such as slips and falls.

More and more merchants operate self-service stores where they know that customers are likely to drop or leave merchandise on floors, creating a serious risk of harm to other customers. Owners and operators of these stores are legally required to regularly inspect and maintain their premises in order to minimize the risk of injury to other shoppers. Failure to do so often results in liability for permitting a hazardous condition to exist.
Inadequate signage or warnings, uneven surfaces, and unguarded holes that result in serious injuries are other examples of dangerous premises for which owners, supervisors and occupants of the property may be liable for injuries which occur.

Owners and occupants of commercial premises are responsible for compliance with building and safety codes to assure the prevention of hazardous defects which may result in injury. These codes impose minimum safety standards with which building owners and managers must comply. While accidents sometimes just happen, if an accident is due to a code violation, negligent maintenance, inspection, repair or warning, the victim of an injury caused by such a hazard is entitled to compensation for any loss of income and medical bills, as well as any permanent or residual pain, discomfort or disability.

Most businesses and homeowners today carry premises liability insurance. If you or a loved one has been injured by a hazardous condition on someone's property, contact The Glassman Law Firm, P.C. for a free consultation by an experienced premises liability attorney who will advise you of your rights.