One of the children on the bus noted that the kids were able to see the car coming down the street but that the driver of their bus was busy talking on the phone and may not have seen it, leading to the crash. Whether distracted driving actually played a role in the Memphis bus accident is still under investigation, but the three-car motor vehicle accident is a reminder to everyone to put down their phones and concentrate on the road.
]]> Tennessee Distracted Driving CrashesIn 2011, there were over 1000 car accidents related to distracted driving. In 2008, there were slightly over 600. Distracted driving -- whether because a driver is texting or talking on a cell phone -- is a continuing safety problem on Tennessee roadways.
Tennessee has already outlawed the use of cell phones by bus drivers when passengers are on board. Whether the day care bus in the recent car/bus motor vehicle accident qualifies as a bus, van or other type of vehicle for purposes of this prohibition remains to be seen. Tennessee also prohibits teen drivers with either a learner's permit or an intermediate license from using a mobile phone while behind the wheel.
Despite a law against texting while behind the wheel, over a quarter of Tennessee drivers admit to texting while driving anyway according to a report by the University of Tennessee. Nashville police have started patrolling for texting drivers in unmarked SUVs to give law enforcement better visibility as to what's going on in the driver's seat.
In 2012, the Tennessee Highway Patrol wrote 171 tickets for drivers caught texting.
Source: MyFoxMemphis, "3 Vehicle Accident Involving Daycare Van," Bofta Yimam, February 1, 2012
]]>The warning followed a 2010 study that revealed an increased likelihood of developing bladder cancer in those who had taken Actos for a year or more. With the warning, Actos joins a growing list of known dangerous & defective drugs once thought to help patients, but later found to harm them.
Actos was intended to help people with type II diabetes control blood sugar levels. According to actos.com, the drug helps your body use insulin more efficiently and stops the production of excess sugar by the liver.
]]> A mix of recommendations have been made regarding the continued prescription and use of Actos. Additional labeling of the diabetes drug to include a warning of the possible risk of bladder cancer to health care professionals has been suggested. The FDA approved updated labeling in 2011 that includes warnings against prescribing the drug to people with bladder cancer or with a family history of bladder cancer.For many who've used Actos and already developed bladder cancer, the warnings come too late. The diabetes drug has been around since 1999. Some are fighting back, suing the drug's manufacturer Takeda Pharmaceuticals for producing and marketing a dangerous drug.
Additional side effects of the dangerous & defective diabetes drug Actos include: headache, muscle pains, changes in or loss of vision, painful urnination and discolored urine and abdominal cramping.
Source: Madison County Record, "Edwardsville man sues Takeda, Eli Lilly over Actos," 19 January 2012
]]>Memphis fatal car accident attorneys agree with Colonel Trott's statement that even one person's death in a motor vehicle accident is too many. But, the statistics do offer hope that Tennessee is becoming a safer place for drivers and passengers traveling our interstates and highways.
]]> In 2011, Tennessee State Troopers investigated 10,000 crashes involving injury and 1,090 crashes involving impaired drivers. Both the number of injury wrecks and the number of impaired-driving crashes were lower than 2010 statistics. THP investigated almost 30,000 total crashes in 2011.Overall, fatalities from motor vehicle accidents on Tennessee roadways have declined by almost a quarter since 2006. Fatal truck accidents, fatal bicycle accidents and fatal motorcycle accidents have gone down by at least 19 percent since 2006.
One reason credited for the decline in fatal Tennessee traffic accidents was the increased enforcement and public education related to driving under the influence (DUI). Arrests for impaired driving rose by almost 40 percent in 2011, while at the same time, fatal drunk-driving accidents declined.
There is still room for improvement, however. Seat belt use remains a common factor in fatal car accidents. In 2011, over half of those killed in a motor vehicle accident were not wearing a seat belt.
Source: Tn.gov, "State Officials Announce Record Decline in Traffic Fatalities," 12 January 2012
]]>The Memphis bus accident led to charges against the driver for Failure to Maintain Control and Safe Lookout and Overtaking a School Bus. But is that enough? Are stricter penalties needed in order to keep Memphis school-age children safe when riding the school bus?
]]> The death of a 5-year-old Laurel boy started the push for harsher penalties for drivers who ignore the flashing red lights of school buses and fail to stop for them in Mississippi. Nathan Key was involved in fatal accident while trying to board the school bus in 2009. A driver disregarded the bus' flashing lights and tried to pass the stopped school bus, hitting and killing Nathan.Nathan's Law was introduced to prevent similar accidents in Mississippi. Violators who overtake a school bus with red lights flashing can be fined between $350 to $1500 and may be sentenced to up to a year in jail. If the driver's actions result in injury to a child, fines can increase to $5000 and up to 20 years in jail.
In the Memphis motor vehicle accident, the 18-year old driver was also on his way to school and said that he was distracted by issues with his contact lenses. Investigators said that neither alcohol nor speed was an issue in the crash.
Source: MyFox Memphis, "Child Hit By Car Boarding Bus," 11 January 2012
]]>The remainder of the trip was less than enjoyable for many riders, who were shaken up by the crash and unable to sleep during the overnight ride. The cause of the crash is under investigation and Greyhound reports that it has every intention of cooperating with authorities. It's been confirmed that the driver was awake at the time of the I-40 bus crash, but whether or not he or she was paying attention to the road ahead or distracted by a phone or something else has not been determined.
]]> Regardless of where injuries occur, those who are hurt in a motor vehicle accident because of another person's negligence have a right to recover for their losses. If you've been injured in a commuter bus accident, a private or charter bus accident or in another type of motor vehicle accident outside of Tennessee, the first thing that most people want to do is get home. Get home to where they feel safe and to see their family.The last thing many want to do is return to where the accident happened. And you may not have to. A Memphis motor vehicle accident lawyer can help you work with or fight the insurance company, the commercial transportation company or the at-fault driver as necessary right here, from Tennessee. Each car accident, bus collision or truck wreck is unique. Your Memphis attorney can explain what will happen in your specific case, including whether any return trips will need to be made as your case for recovery progresses.
Source: WMCTV.com, "Greyhound passengers return to Memphis after crash in Oklahoma," 4 January 2012
]]>The FMCSA recently announced new rules related to hours of service for truck drivers, aimed specifically at curbing drowsy driving of semi- and other cargo-trucks. The current 11-hour daily limitation on truck drivers will remain, but limits on hours worked per week as well as mandatory rest breaks are part of the new rules that take effect in late February of 2012.
The specific number of Memphis truck accidents, as well as truck crashes elsewhere throughout the country, directly attributable to fatigued driving is unknown. However, it is known that a fatigued driver, whether behind the wheel of a car or truck, usually has a slower reaction time, impaired judgment while behind the wheel and his or her ability to otherwise drive safely is directly interfered with by lack of sleep.
]]> The FMCSA believes that the new hours of service laws will have the greatest impact on long-haul truck drivers who work 70+ hours per week. Although the 11 hour limitation is not new, the 70 hour average per week limitation is 12 hours lower than the current limit of 80.The new rules change the definition of 'on duty' as used to calculate the hours driven in a day and in a week. Currently, any time a driver is in his or her truck and not in the sleeper berth is considered 'on duty' time. Under the new rules, drivers will be allowed to rest/ride for up to two hours in the passenger seat as well directly following or leading up to eight hours in the sleeper cabin. Drivers may also rest in the driving cabin of a parked semi without that time counting as 'on duty' time.
Truck drivers must take a 30-minute break after if they choose to drive longer than eight hours at a time. Drivers who violate the 11-hour limitation on daily work may face civil fines up to $2,750 for each offense. Trucking companies that encourage drivers to violate the 11-hour daily limit may face fines up to $11,000 per offense.
Source: U.S. Department of Transportation, "U.S. Department of Transportation Takes Action to Ensure Truck Driver Rest Time and Improve Safety Behind the Wheel," 22 December 2011
]]>The cause of the crash is unknown, but the driver reported hearing a strange noise in the semi-truck's front end just prior to the rollover crash, raising questions of whether there was some kind of mechanical failure while the truck was in motion. Although the driver was given a citation for the Tennessee truck crash, it is quite possible that the trucking company that maintains the rig maybe at least partially to blame as well.
Memphis faulty truck maintenance accident attorneys have seen truck accidents caused by a variety of mechanical issues, including defective brakes, defective steering components and faulty wiring. Truck drivers should inspect their rigs and any cargo they are hauling each time the get in their truck. Trucking companies must also do their part to make sure that their fleet vehicles are in proper working order.
]]> Requirements for Semi-Truck InspectionsTruck drivers must inspect their rigs at the beginning, during and at the end of any commercial trip. Visible signs of wear or damage should be addressed and fixed. If there are signs of an oil, fuel or other fluid leak beneath the truck, maintenance should be completed to address the issue. Daily inspection of a semi should include checking the tires, both the air and mechanical brake systems, transmission and starter.
Truck drivers must also maintain logbooks, documenting the number of hours he or she has been on the road, behind the wheel. For every 24 hour period, a truck driver is required to maintain a written log of the time spent driving, 'on' or 'off' duty. Many trucks are equipped with logging systems that automatically note the time spent behind the wheel or in the sleeper birth of the truck cabin.
Proper maintenace of 18-wheelers should help prevent accidents related to mechanical failure, giving drivers and companies a chance to find and fix problems before the truck is traveling on Tennessee highways, interstates and streets.
Source: The Commercial Appeal, "Trucker issued citation after Memphis interstate crash," 19 December 2011
]]>Dubbed 'Good Hands or Boxing Gloves,' the practice of giving prompt service to insureds who accepted a payout that was really a low-ball amount for their claim while fighting -- putting on the boxing gloves -- an insured to delay payment when they do not accept the low offer has been a common business practice since the 1990s among insurers.
The duty of good faith and fair dealing aside, insurers were intentionally making it easier for clients who accepted a lower payment for their claim and harder for those who fought for the full value of the insurance policies that they'd been paying for. Insurance dispute lawyers in Memphis, Tennessee and elsewhere throughout the country were needed if a consumer had any hope of getting a fair payout for their insurance claim.
]]> The name plays on the slogan of Allstate, "Are you in good hands?" Allstate hired a consulting company in the 1990s to help it turn its insurance business into a more profitable unit. And it did, at the hands and pocketbooks of its insureds. Allstate reported $4.6 billion in profits in 2007, twice what it was making in the 90s. But, it is not the only offender; State Farm also took on the practice of "Delay, Deny, Defend," as coined by professor and author Jay Feinman, after seeing the results on Allstate's bottom line.Waiting for a payout on a insurance claim can, itself, create hardship for a family who's left without a car or home due to a devastating accident. What's even worse is that the insurance company policies of forcing an insured to fight for coverage that is owed can be so costly that the insured may feel forced to accept less than what his or her claim is worth.
The lesson to be learned is that, despite what you may think or hope, your insurance company may not be on your side. If your insurance company has denied a valid claim for coverage or has offered you less than what it takes to repair your car or home, a Tennessee attorney can help you evaluate whether it's worth it to pursue greater compensation.
Source: Huffington Post, "Insurance Claim Delays Deliver Massive Profits To Industry By Shorting Customers," 13 December 2011
]]>As the FMCSA has increasingly focused on driver fatigue through new restrictions on hours of service, it has neglected more frequent causes of truck accidents, such as excessive speed, weather or road conditions and distracted driving, according to the ATA. But, regardless of why these accidents are happening, the point is that they are happening and can have devastating consequences. The FMSCA reports that in Tennessee and throughout the United States 3,215 large trucks were involved in fatal truck accidents in 2009.
]]> Whatever the Cause, Tennessee Truck Accidents Continue to OccurInterstate 40 has seen its share of truck crashes, although not many like the one that happened just this week at an Arlington gas station. A semi-truck crashed through a Shell Station, finally stopping after the cab broke through the back wall, burying the trailer inside the convenience store. Investigators are not sure what caused the crash, but early reports show that the truck driver never stepped on the brakes as the semi exited the interstate, jumped a median and bypassed the Shell Station parking lot.
The truck driver and his passenger were taken to the hospital for treatment but no one else was injured in the truck crash. Speculation leads to several potential causes of the crash: driver distraction, driver fatigue, driver ability or lack of training and mechanical problems with the truck itself.
Injuries that occur during a Tennessee truck crash are often very serious, due in part to the size of the truck and often the size of the other vehicle(s) involved, typically a passenger car. Understanding what's going wrong behind the wheel may be the first step toward preventing fatal truck crashes in Memphis and throughout the U.S.
Source: Truck News, "Spotlight on HoS changes preventing progress in other safety areas: ATA," 8 December 2011
]]>Acetaminophen-containing drugs, like Percocet and Vicodin, are also on the chopping block. Both drugs are made up of a combination of hyrdrocodone or oxycodone and acetaminophen. The suspected problem with these types of pain killers is that many who take them are unaware that they also contain acetaminophen and they may take additional Tylenol or acetaminophen-containing products, leading to an overdose and possible liver damage.
Many may be surprised that Tylenol may be a dangerous or defective drug. It is commonly used in both adults and children to control fever and stop minor aches and pains. But, with approximately 800 acetaminophen-related liver injuries annually based on FDA statistics, Tylenol and other acetaminophen-containing drugs should be taken carefully.
]]> A medication error may be to blame if you've suffered liver damage after taking an acetaminophen-containing drug. A majority of overdoses occur not because one drug is over-prescribed, but because more than one acetaminophen-containing drug is being taken that together exceed recommended daily limits. The FDA reports that overdoses make up approximately one-half of cases throughout the United States of liver damage caused by acetaminophen.There are three stages of liver damage related to acetaminophen overdose. The first stage occurs within the first day of overdose and often causes nausea and vomiting. The second stage follows directly after and the person who overdosed, strangely, feels fine. The third stage occurs about two to three days after the overdose when liver blood tests will reveal elevated levels. Extreme cases of acetaminophen overdose may result in kidney failure, require a liver transplant or cause the death of the individual. Acetaminophen use should not be taken lightly.
If you're taking an acetaminophen-containing pain reliever, it's important to speak with your doctor before taking any additional over the counter pain killers like Tylenol.
Source: HealthCentral.com, "FDA Advisory Panel Recommends Banning Vicodin and Percocet," 2 December 2011
]]>The Memphis bus accident was the most recent in a line of legal problems that have plagued the Pee Wee Wisdom Child Care Centers. In 1999, a 2-year-old boy died in a Pee Wee vehicle when he was left inside in scorching temperatures. A former Pee Wee operator was criminally convicted for embezzling half a million dollars intended to aid poor children. Despite these and other issues, the Pee Wee Wisdom Child Care Center, with two Memphis locations, maintains a three-star-rating according to the Tennessee Department of Human Services.
Investigators aren't sure how the fatal bus accident happened and haven't released the name of the driver involved. Anthony was struck by the front of the bus, but officials aren't sure how he got there and were taking measurements of the scene during the rain on Monday.
]]> Tennessee requires all school bus drivers to have and maintain a commercial driver's license (CDL). Drivers must pass both a knowledge and skills test prior to driving school children in a commercial vehicle. School bus drivers are also prohibited from using a cell phone to call or text while driving. But, the Tennessee rules and regulations were not enough to save the Memphis first-grader on Monday; attentive, careful driving is everyone's responsibility, every time you get behind the wheel.When the negligence of another person or company results, as it did at Oakshire, in a tragic and most likely preventable death, Tennessee law allows the surviving family members to pursue a lawsuit against that person or company. A Memphis wrongful death lawsuit cannot bring an individual back, but it can give family members the necessary resources to rebuild after a tragic loss.
Source: The Commercial Appeal, "6-year-old boy struck, killed by day care van outside Oakshire Elementary," 21 November 2011
]]>While the main focus of CoMET will be impaired drivers, among the targets of the road safety campaign are also distracted drivers, aggressive drivers, speeding drivers and those not wearing a seatbelt. Impaired drivers contributed to one-third of all Tennessee fatal car accidents in 2009 and law enforcement is hoping this new initiative will save lives going forward.
Impaired driving is not limited only to alcohol-induced impairment. Drugs and prescription medication can also interfere with a driver's ability to timely and appropriately react while behind the wheel.
]]> Another alarming statistic that is being targeted by CoMET relates to seatbelt use. Passenger restraint systems, when used, may be the most effective step a driver or passenger can take to safeguard themselves from injury or death during a motor vehicle accident. But, surprisingly, 69 percent of those killed in a Tennessee car crash in 2009 between the ages of 18 and 34 were not wearing seatbelts.Not to be forgotten, distracted drivers and speeding drivers have also earned their share of attention from law enforcement. Twenty-one percent of fatal Tennessee car accidents in 2009 were speed-related. Distracted driving, including both talking and texting while behind the wheel, caused at least in part the death of almost 6,000 people in 2009 and injured another 450,000.
CoMET is a pilot project that, in cooperation with the U.S. Department of Transportation, National Highway Traffic Safety Administration, is targeting young adult males specifically through high visibility enforcement techniques.
Source: Cookville Times, "Watch Out: More Cops. More Stops," 12 November 2011
]]>The drunk driver was driving the wrong way on I-40 in Memphis when she drove right into a pickup driven by a 48-year-old woman from Mississippi. The driver, a youth counselor, is currently being held on charges of negligent homicide while driving drunk and maintains that she has no recollection of the fatal Memphis car crash. The victim's family, however, will likely remember the night forever.
According to MADD, one in three people will be involved in a drinking-and-driving-related car accident in his or her lifetime. Additionally, every minute, someone is injured by a drunk driver somewhere in the United States.
]]> Drunk Driving is 100 Percent PreventableThe family of the Mississippi woman who was killed this week likely has many questions for the drunk driver that took her from them. A common question many families ask is simply, "Why? Why drink and drive?" It's just not worth it.
Drinking and driving, or choosing to drive while impaired is ultimately a choice that a person makes when he or she has the first drink. Although criminal laws in Tennessee allow for the punishment of drunk drivers, those who cause injury to others and those who kill others, in the form of prison time and fines, there is no way to undo the consequences of a fatal drunk-driving accident.
Memphis drunk driver victim lawyers are there to help the families whose lives are changed, in an instant, by the poor decisions of someone who drinks and drives. Whether you've lost a loved one to a drunk-driving accident, or you yourself have been seriously injured because of a drunk driver, you do have options.
Source: WMCTV.com, "MADD volunteer: DUI driving not a one-time thing," 10 November 2011
]]>Over the last two and a half years, the Campaign for Safe Cosmetics has been urging Johnson & Johnson to eliminate the formaldehyde-producing chemicals from its popular baby shampoo. Until recently, Johnson & Johnson has held firm to the belief that its baby shampoo was not a dangerous or defective product, stating that the preservatives are safe and meet U.S. regulatory standards.
But, Johnson & Johnson has finally changed its tune and will be phasing out the formaldehyde-producing preservative from its baby shampoo and working to lower dioxane to an undetectable amount.
]]> Low-Level Chemicals and the Risk to Newborn ConsumersFormaldehyde was deemed a known cancer-causing agent by the U.S. National Toxicology Program in June. Typical uses of formaldehyde are as an embalming fluid and disinfectant. Formaldehyde can also irritate the skin, eyes and respiratory system. It has been linked to nose and lung cancers as well as blood cancers like leukemia.
Dioxane is believed to have the potential to cause cancer; it is considered a 'likely carcinogen.' 1,4-dioxane is a chemical byproduct of a process used to increase a compound's ability to dissolve in water and to be gentler on skin. In addition to the original baby shampoo, 1,4-Dioxane was also found in Johnson & Johnson's Oatmeal Baby Wash and Moisture Care Baby Wash and in Aveeno's Baby Soothing Relief Creamy Wash. Johnson's Naturals Baby Shampoo does not contain 1,4-dioxane.
The risks posed by toxic baby shampoo is increased because a baby's scalp can more easily absorb the potentially carcinogenic substances than an adult scalp. Even if the shampoo contains only trace amounts of carcinogens, added to what a baby is otherwise exposed to throughout the day, the amount could be quite dangerous.
Source: OakRidger, "Group urges Johnson & Johnson boycott over baby shampoo chemicals," 1 November 2011
]]>The driver of the Saturn and a 15-year old passenger were treated for injuries. The 2-year-old and the 7-year-old sisters that were riding in the backseat of the Saturn were fatally injured. According to witnesses, a car in front of the Saturn had stopped, but the driver of the FedEx truck did not realize it in time to avoid slamming into the backend of the slowed or stopped Saturn. The truck driver was not injured.
The Northern Mississippi car-truck rear-end collision remains under investigation.
]]> Fatal Car Accident Statistics for Tennessee and MississippiThe National Highway Traffic Safety Administration (NHTSA) reports a decrease in the number of people killed in traffic accidents in both Tennessee and Mississippi from 2005 to 2009, the most recent year for which statistics are available. In 2009, Tennessee roadways saw 989 fatalities from traffic accidents, while 700 occurred in Mississippi. Across the U.S., fatal traffic accidents claimed the lives of over 33,000 people.
Despite the decrease in fatal traffic accidents, the numbers could still be improved upon. Vastly improved upon. The most common causes of motor vehicle accidents include: distracted drivers, fatigued drivers, drunk or impaired drivers, speeding drivers, aggressive drivers and the weather.
The common factor in most causes of motor vehicle accidents is the driver.
Source: The Commercial Appeal, Two children killed in three-vehicle accident in Senatobia," 27 October 2011
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