Is there really a distracted driving crisis?  Is distracted driving a major cause of car accidents? Who should have to solve it-the auto or cell phone industry?  Today’s generation of drivers are so attached to their cell phones and in-car technology.  Car and phone makers are working together to reduce distractions by better linking mobile devices with cars.  Some safety advocates and federal officials say that this is also risky and doose not solve the problem.  Transportation Secretary Ray LaHood has made distracted driving his key priority since 2009.  Last December, the National Transportation Safety Board called on states to ban both handheld and hands-free cell phone use while driving.

There are still questions as to whether cell phones and other visual and cognitive distractions play a large role in car accidents because police reports are unreliable in this area.  Cell phones were a factor in about 13% of fatal crashes last year, NHTSA says.  In February, the agency proposed guidelines that would first deal with potential distractions from navigation systems and other in-car technology.  IIHS spokesman Russ Rader stated, “Distracted driving is a problem, but it isn’t new, and the data don’t show that it has gotten worse during the rise of cellphones and the use of other electronics by drivers.  While all the studies clearly show cellphone use is a distraction, the use of phones by drivers hasn’t resulted in an epidemic of crashes.”  Automatic braking and lane-departure warning are some examples that help prevent crashes no matter what distracts a driver.  The institute pointed this out to focus more on.

Peter Kissinger, CEO of AAA’s safety foundation, says both the auto and cell phone industries need to do more on the issue of distraction.  NHTSA focus is on the safety of the integration of communication technologies.  But Kissinger disagrees with this.  He believes that mobile device suppliers are the missing player since many of the devices are being implemented in cars.  Cars have small screens, tiny keys, fonts and touch-screen and are clearly less suited for use while driving.

With all these issues discussed by different institutes each having different sides, others may be blinded and confused.  But as a Kentucky personal injury attorney, I still go with the NTSB’s recommendation to ban all phone use in cars.  Isn’t one less Kentucky car accident enough to implement such a band?  Do we have to have an office on wheels?  Is one fatal car accident and one life saved enough for us to wait for that call?

When you hear the words “personal injury,” what comes to mind?  For some people, personal injury law appears to be a murky area of dubious ethical conduct.  Some people believe that personal injury attorneys enable people to take advantage of an accident and make money from a misfortune.  Unfortunately, this is a very prevalent view of what personal injury attorneys do, although it is very inaccurate in most cases.

In fact, personal injury lawyers are one way that the legal system stays balanced and fair for all people.  If insurance companies and at-fault persons were not held accountable, people would soon be able to disregard the law and safety measures with impunity.  Employers would not be worried about employee safety, drivers would not care if they caused injuries, and stores and businesses would not impose safety measures to keep customers from harm.  Unfortunately, human nature shows us that unless people are held accountable, they will not take extra efforts to ensure that someone else does not suffer.

Personal injury attorneys perform the function of balancing the needs of the public with the rights of the individual.  When a person is injured, he or she has the right to compensation, and personal injury attorneys in Santa Ana help these victims to recover those damages.

Why, then, do some people have such a negative view of personal injury law?  This often springs from a few well-publicized cases that are in no way representative of the bulk of personal injury settlements.  In a few cases, circumstances have conspired to allow a plaintiff to recover an enormous sum of money from what appeared to be a relatively minor accident.  Each time this happens, the media saturates the public with stories about the settlement, leading people to believe that there are many more of these types of cases than really exist.

In fact, Santa Ana personal injury lawyers primarily work with “small” personal injury cases.  While no case is small to a person who has been injured, few personal injury cases settle for millions of dollars unless the injuries are very severe or wrongful death has occurred.  For a “simple” personal injury case, the personal injury attorney will be happy if the case settles for a fair amount, including payments for medical damages, pain and suffering, and perhaps some personal expenses incurred as a result of the accident.

Before you dismiss the idea of filing a personal injury case, consult with an expert personal injury attorney and discover the facts about what your case is actually worth.

Our Michigan nursing home lawyers represent nursing home residents and their families in lawsuits against Michigan nursing homes and residential care facilities. When an elderly person moves into a nursing home, the family places a tremendous amount of trust in the facility and its staff. If the patient is injured or dies due to improper treatment and neglect, that person or his or her family should explore taking action against the facility.

According to the National Center on Elder Abuse, estimates that between 1 and 2 million Americans age 65 or older have been injured or abused by someone on whom they depended for care or protection.

According to “The Safety Report” published by Tom Young, to protect your loved one from nursing home abuse and neglect you should:

• Meet the staff
• Tour the facility
• Ask questions
• Be present
• Visit the facility frequently and at irregular times after you chose a facility to help monitor your loved ones physical and emotional condition
• Develop connections with the nurses and staff

Nursing home neglect and abuse lawsuits are considered medical malpractice cases. A nursing home negligence case requires the patient, the “plaintiff”, to prove that his or her nursing home, residential care facility, or caretaker, the “defendant”, deviated so far from what is accepted as “standard” car and treatment that the law considers them to have been “negligent”.

Our Michigan nursing home lawyers will gather all the pertinent medical records involved in the residents care and any investigation reports by a responsible public health agency to determine whether you have been the victim of nursing home neglect. Our experienced nursing home abuse attorneys will discuss your case with you, review your medical records, and advise you whether you have a legitimate claim for nursing home negligence.

Victims of nursing home abuse do have legal rights. If you or family members suspect you have been a victim of nursing home abuse and neglect, contact our office now at (800) 606-1717 to speak with an experienced nursing home Michigan lawyer about your case. Learn about your legal rights and what your family can do to protect yourself and other residents of the health care facility as well.

• To confirm or disprove the severity of your injury.
• To confirm or disprove your ability to perform activities and sports.
• To confirm or disprove your ability to work.
• To confirm or disprove whether you interact normally with friends and family.

• Don’t post anything you wouldn’t feel comfortable having the insurance adjuster read (or maybe I should say your mother).

• Check your privacy settings and block anyone you do not know from viewing your personal pages. Public is never the best setting in my humble opinion.
• Search your name on all sites that you are a member of and on Google to see what comes up.  See what photos you have been tagged in and take the appropriate action to remove photos you are not comfortable with.
• Do not accept any friend requests or answer any e-mails from people you don’t know. They may be working for the other side.

The RI medical malpractice attorneys at d’Oliveira & Associates want you to be informed about medical malpractice.

Medical malpractice can cause physical or psychological harm or injury, diminished enjoyment of life, emotional distress, severe and recurring pain, and a chain of other issues including the inability to work and financial and economic losses.  In extreme cases, victims of medical malpractice may die as a direct result of an act, omission, or negligence.  Among the many ways by which medical malpractice can cost the life of the patient includes misdiagnosis, medication errors, failure to provide follow-up treatment, bacterial infection, harmful or defective medical device, or improper treatment of an illness.

When a person dies because of medical malpractice in RI, the relatives or authorized representatives of the estate of the deceased have the right to file a wrongful death claim against the responsible healthcare professional or institution.  Compensation varies from state to state.  It may cover tangible losses such as funeral and medical expenses, loss of pension plans, the loss of financial support or the loss of expected earnings of the deceased wage-earner.  It may also cover intangible losses such as compensation to the estate for the grief over the loss of companionship and enjoyment of life, or damages for mental anguish and sufferings.

The computation of damages is highly complicated, and the recoverable amounts may vary from case to case.  The loved ones will need to study the wrongful death statute of their state, and ask for the opinion of economists and other expert witnesses in order to calculate a fair amount of compensation or settlement for this unfortunate event.  This does not relieve them of the pain and grief caused by the loss of their loved one, but it eases the financial burden caused by the premature death.  If you have a relative who has been a victim of medical malpractice resulting in injuries or death, it is advisable to consult with a seasoned Rhode Island wrongful death lawyer immediately to guide you in every step of the way.

If you want to speak to a qualified Massachusetts and Rhode Island medical malpractice lawyer call the Law Offices of d’Oliveira & Associates at 1-800-992-6878 for a free legal consultation.

d’Oliveira & Associates: 250 EDDIE DOWLING HWY. WOONSOCKET, R.I. 02896 (401) 762-4006

The 2012 National Work Zone Awareness Week was scheduled for April 23-27.  This is the 12^th year and the theme was “Don’t Barrel Through Work Zones!  Drive Smart to Arrive Alive.”  The National Work Zone Awareness Week campaign was initiated in 1999 by the Federal Highway Administration (FHWA), American Traffic Safety Services Association (ATSSA), and the Association of State Highway and Transportation Officials (ASHTO) to build public awareness of work zone safety.  The campaign is very important.  On average, a life is lost every 13 hours and someone is injured every 13 minutes in work zone car crashes nationwide.  Drivers should be aware about the dangers of driving through work zones and always proceed with caution.

Construction work has begun on Interstate 71 where one lane of the interstate has been closed while crews repair bridge decks.  It is scheduled to be completed by April 30.  Even though National Work Zone Safety Week has passed, drivers should still be reminded to slow down and pay attention.  According to Kevin Bailey with the Kentucky Transportation Cabinet, “Stay awake, stay alert, stop texting and talking, pay attention to the fact that we are out here.  We’re here working for you and trying to make things better, so give us the benefit of the doubt and be aware that we are here.”  This will be especially there during Derby week.  There will be heavy traffic to all Derby events on I-71.  Fight the urge to be in a hurry to get to your Derby party.  Don’t risk the lives of  workers in this area.

Drivers are always urged to “Drive Smart” in work zones and be aware of workers, traffic control devices and construction equipment when traveling in areas where projects are ongoing.  Here are some work zone safety tips for drivers to avoid auto accidents.

• Buckle Up! – Wear safety belts every time you travel.
• Stay Alert! – Devote your full attention to the roadway.
• Pay Attention! – Turn the radio down and don’t use your cellular phone.
• Be Patient! – Remember workers are improving the road for future travels.
• Follow Signs! – Signs guide you through work zones safely.
• Don’t Drink and Drive! – Impairment of any kind is unacceptable.
• Be Nice! –Don’t tailgate and don’t change lanes in a work zone.
• Expect the Unexpected! – Watch for flaggers, workers and equipment.
• Don’t Speed! – Follow posted limits and adjust for weather conditions.

Follow these tips to make every week National Work Zone Awareness week in Kentucky!

www.youtube.com/watch?v=K0AkE6KFMR8

An injured Kentucky car accident victim will be contacted by both their insurance company and the at-fault insurance company within days of the accident.  The insurance company for the at-fault party is going to call almost immediately after an accident.

Their purpose is to try to get your statement.  The insurance adjuster will ask you questions that seem insignificant at the time.  They are trying to get information they can use against you.  The purpose of the call is to find out what happened in the case and find out what the value of the case is.  They also want to know whether or not their insured is going to be found liable, that is if the accident was their fault and they will have to pay for pain and suffering.

Another purpose of the call is to see if they can lower the value of your personal injury claim based on your conduct and history.  They want to eliminate or reduce what’s going to be paid on the case.

It’s a good idea to wait until you’ve spoken to an attorney before you talk to the insurance company and give a statement.  You should see if it is in your best interests to give a statement, and if it is, to get prepared to give that statement.  I personally meet with a client for at least an hour to prepare them to give a statement to the insurance company.  A statement is something the insurance company adjuster does almost every day.  For most people, the only time they’re ever going to give a statement is that one phone call when they’ve been in an accident.  It’s best to wait until you’re feeling better, your adrenalin’s not pumping, and you’re not on medication, so you can think clearly when you are responding to the questions asked.  This will increase the chances of a successful outcome to your personal injury case.

www.youtube.com/watch?v=PhmTe5tKxAc

Some car accident victims that come into my office think “I’ve been in an accident and I am entitled to X amount of money”.

They think that if I don’t go to work, they will automatically be paid for the time
they missed.  That if they just go to a doctor, they are going to get a good settlement just for being in a car accident.  This is not always the case.  If you have been in a car accident and you are truly hurt in the accident, I can put a million dollars on the table and I could put your health as it was prior to this accident on the other
side.  There is not enough money for you to be paid that’s going to make it worth while going through life with a back injury.  To have weekly care.  To have arthritis.  To be in pain every day for the rest of your life.

When an accident victim is seriously injured their injuries and problems are going
to affect them for the rest of their life. The court system is not a get rich quick scheme or anything like that.  Those who are truly injured will be compensated for those injuries, but it is no windfall.

Another factor in this is that all insurance companies now use computer programs to determine what a claim is worth.  There are various names for these programs, Colossus, Teach and Smart.  There’s over 10,000 items (or value drivers) that can be entered into these programs.

These numbers then give the adjuster a settlement range.  If you don’t know how to manipulate that program a little bit, that number is going to be lower.

Because of this The Insurance Company will not give you a reasonable offer if I
simply call them or write them a letter. 20 years ago insurance adjusters had a lot more freedom in settling a personal injury claim.  They would look at the case and decide this is what it’s worth, this is what this person truly deserves.  Today most insurance companies have turned the claims department into a profit center.  They are trying to make money or lower the amount that they pay out per claim.  The
less they pay out the more of the premium they collect they get to keep which
means less money for you.

Some car accident victims that come into my office think “I’ve been in an accident and I am entitled to X amount of money”. They think that if I don’t go to work, they will automatically be paid for the time they missed. That if they just go to a doctor, they are going to get a good settlement just for being in a car accident. This is not always the case. If you have been in a car accident and you are truly hurt in the accident, I can put a million dollars on the table and I could put your health as it was prior to this accident on the other side. There is not enough money for you to be paid that’s going to make it worth while going through life with a back injury. To have weekly care. To have arthritis. To be in pain every day for the rest of your life.

When an accident victim is seriously injured their injuries and problems are going to affect them for the rest of their life. The court system is not a get rich quick scheme or anything like that. Those who are truly injured will be compensated for those injuries, but it is no windfall.

Another factor in this is that all insurance companies now use computer programs to determine what a claim is worth. There are various names for these programs, Colossus, Teach and Smart. There’s over 10,000 items (or value drivers) that can be entered into these programs.

These numbers then give the adjuster a settlement range. If you don’t know how to manipulate that program a little bit, that number is going to be lower.

Because of this The Insurance Company will not give you a reasonable offer if I simply call them or write them a letter. 20 years ago insurance adjusters had a lot more freedom in settling a personal injury claim. They would look at the case and decide this is what it’s worth, this is what this person truly deserves. Today most insurance companies have turned the claims department into a profit center. They are trying to make money or lower the amount that they pay out per claim. The less they pay out the more of the premium they collect they get to keep which means less money for you.

The use of cell phones while driving has become a serious public health problem. There have been reported cases of victims being injured and even dying due to distracted driving. Many states have passed laws making it illegal to use handheld cellular phone while driving. In Kentucky, the use of personal handheld electronics is banned for drivers under the age of 18. All state laws allow the use of hands-free cell phone.

Hands-free device are often viewed as a solution to the risks of driver distraction since they minimize the two obvious risks of looking away from the road and removing hands from the steering wheel. On the other hand, cognitive distraction or taking your mind off the road may also occur talking with hands-free device while driving. Hands-free devices do not eliminate cognitive distraction. The National Safety Council reported that drivers using any type of communication device, hands-free or not, have a tendency to “look at” but not “see” an object, and fail to notice 50 percent of their environment. This is an alarming statistic. Distracted drivers mostly experience inattention blindness and one in danger of not being able to execute a safe response to avoid a car crash. Many studies have shown that talking on hands-free devices delays response and reaction time.

Many of us are now using our cars as an extension of our office. It is a big challenge to quit using cell phones, whether handheld or with a hands-free devices while driving. Can you stop? Can we stop as a society? Your life may depend on it. As we increase the awareness about the risks of hands-free devices and cognitive distraction more of us will get the message. Be a part of reducing car crashes, injuries and death by being a disciplined and responsible driver.

We have all seen the commercial where the backup camera stops a car pulling out of a driveway in time to avoid hitting the child pushing his big wheel. Did you know thousands of children are hurt or killed every year because a driver backing up didn’t see them?  At least fifty children are being backed over by vehicles every week in the U.S.  Tragically, back-over incidents take place in residential driveways or parking lots. In over 70% of these incidents, a parent or close relative is behind the wheel. Research groups have concluded that the best way to improve visibility is by installing camera systems which are much better at revealing objects that a driver could not see through the windows and mirrors and could probably prevent thousands of injuries and fatalities.

U.S. auto-safety regulators proposed a new car safety rule mandating that vehicles built after September 2014 includes a rear-view camera system to prevent drivers from backing over pedestrians.  Transportation Secretary Ray LaHood said in a statement, “There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle.  The changes we are proposing today will help drivers see into those blind zones directly behind vehicles to make sure it is safe to back up.”  But this decision was postponed pending further study.  NHTSA representatives have reported that the final ruling will be issued by December 2012.

Even though the proposed rule has not yet passed, Honda has considered rearview cameras as a valuable lifesavers.  All of Honda’s trucks and crossovers are now equipped standard with rearview cameras along with 94% of their car models.  Vicki Poponi, an assistant vice president states,” At Honda, we feel this visibility feature will be important to many families and we are widely applying it even before we are required to do so.”

As a Kentucky personal injury attorney, I am hopeful that we could have these kinds of enhancements that will save lives, improve safety and keep people, especially children, safe in and around automobiles. I used one for the first time a couple weeks ago while in Utah. These cameras will save lives and prevent tragic fatal car accidents and child accidents.