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.

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.

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.

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.

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.

The Fatal Truck Accident In Republic, Missouri

A fatal chain reaction has taken place in Republic, Missouri resulting in the deaths of two people. The crash involved two passenger vehicles and two tractor-trailers. This resulted in truck driver, Lei Sun, being charged with two counts of involuntary manslaughter. Sun's truck failed to slow down before it collided with the back of a car and a pickup truck, forcing them both under a tractor-trailer that was stopped at the intersection in front of them. Both drivers of the passenger vehicles were killed.

Trooper Price Richardson said in an excerpt from the probable cause statement against Sun, "(Sun's) log book shows that he has driven more than the allotted seventy hours within the past seven day period." It was also noted that the data recorder in Sun's tractor-trailer recorded his speed at 59. 5 at the time of the crash.

Sadly, truck drivers don't always comply with their rules and regulations, which often results in tragic consequences. The Insurance Institute for Highway Safety reports that a truck driver behind the wheel for more than eight hours is twice as likely to crash. Sleep deprivation is also a contributing factor in a truck driver's performance. After being awake for 24 hours or longer, the reaction time of a sleepy driver is as impaired as that of an intoxicated driver. A survey conducted by the Federal Motor Carrier Safety Administration found that one in four truck drivers admitted to falling asleep while driving in the past 30 days.

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 to ensure that your rights are protected.

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.

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.

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.

Please see our Trucking Accidents Frequently Asked Questions.

Please see our Trucking Accidents Resources / Links.

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

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.

Please see our Dangerous Premises Frequently Asked Questions.

Please see our Dangerous Premises Resources / Links.

Glassmand Law Firm Welcomes Attorney Maria Sanchez!

The GlassmanLaw Firm warmly welcomes former Assistant US Attorney Maria C. Sanchez to our team as our newest associate. Born in Cuba, she immigrated to the United States with her family in the 1960’s. She received her BA from University of Missouri-St. Louis and her JD from University of Miami School of Law. 

Her full bio is on our website here: http://glassmanlegal.com/sanchez-maria.html

We are thrilled to have her as an addition to our team!

Stephen Glassman, St. Louis Personal Injury Attorney

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.

Ask me any personal injury question on Twitter @GlassmanLegal and I will get back to you. Or “like” our Facebook page or Google Plus page for news and information.

New Transportation Rules Preventing Driver/Pilot Fatigue Don’t Go Far Enough

As discussed in an earlier blog post, driver fatigue plays a role in far too many truck and plane crashes and is one of the greatest threats to transportation safety. Every year both truck driver and pilot fatigue contribute to thousands of crashes and deaths in the trucking and aviation industries.

As I state on my website, despite federal “in service” regulations put in place to ensure drivers do not drive while sleep deprived,  “less principled companies do 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.”  The ramifications of this negligence are staggering: 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.

Just as serious, but less reported in the media is pilot fatigue. However, pilot fatigue is now in the news. As you may have heard reported, in December 2011 the Federal Aviation Administration announced new rules to reduce potentially dangerous pilot fatigue .

An editorial recently published by USA today is highly critical of the new transportation rules for both trucking and aviation. The editorial claims that while the new rules are more realistic, they fall short of what is truly needed.

As a personal injury lawyer, I agree the new rules don’t go far enough to protect the drivers, pilots, passengers and bystanders that have been seriously injured by driver and pilot fatigue. It is important to keep pushing this issue until rules are in place that truly protect the roads and airspace, and ensure that companies follow the regulations.

Take care and be well ~ Stephen Glassman, St. Louis personal injury attorney.

Ask me any personal injury question on Twitter @GlassmanLegal and I will get back to you. Or “like” our Facebook page or Google Plus page for news and information.