Archive for the 'Personal Injury' Category

Avoid Hydroplaning in Summer Storms

hfstaff July 23rd, 2010

One of the big hazards of summer rainstorms for drivers is hydroplaning, when your car loses contact with the ground, and instead floats uncontrollably on a layer of water. It seems impossible–a ton of vehicle being undone by less than a quarter-inch of water–but any heavy rain is guaranteed to bring hydroplaning wrecks.

According to a web page for the University of Pittsburgh Safety & Security Committee, hydroplaning happens when the water on the road in front of your tires accumulates faster than your tires can push it out of the way. (That’s one of the roles of tire tread: to provide a channel for the water to be pushed backward.) The water forces its way between the road and the tire, and raises the car via water pressure. Not a lot, just a tiny fraction of an inch… but that’s enough to make your car “float.”

The effect is like hitting a patch of ice–you lose control, including the ability to brake and steer.

Depth-Speed-Depth

There are three factors that contribute to the risk of hydroplaning during a storm:

  1. Depth of Tire Tread. Another good reason to check your tire tread–worn tires can’t channel water away, and are more likely to cause hydroplaning.
  2. Speed of Car. The faster you’re going, the greater the risk of hydroplaning. Slow down in a heavy downpour, even if you know the road.
  3. Depth of Water. The deeper the water, the more quickly you’ll lose traction. But you don’t have to have puddles to be at risk–even a strong rain can build up quickly.

According to the University of Pittsburgh, it can be difficult to tell if you are hydroplaning before that frightening moment when you realize you have no control:

“The rear end of your vehicle may feel a little squirrelly (loose, giving you the sensation that it has moved to one side or the other), especially in a high crosswind. The steering may also suddenly feel loose or little too easy.  Watch the road ahead for standing or running water. You can also pay attention to the spray being kicked up by the cars in front. If it suddenly increases it’s possible that the driver has hit a patch of water that could cause you to hydroplane.”  University of Pittsburgh engineering

WHAT TO DO

If you find yourself beginning to hydroplane, first, don’t panic…don’t apply brakes…don’t try to turn the steering wheel. These could throw you car into a skid. Instead:

  • Hold the steering wheel firmly, and keep going straight.
  • Ease your foot off the accelerator until you can feel the tires grip the road again, or until you come to a stop.
  • If you must apply brakes (and if you have anti-lock brakes), brake with a slow, steady pressure. Do not “pump” the brakes. The anti-lock mechanism automatically mimics pumping better than your foot can do it.

It is always important to drive at speeds appropriate to road conditions, and in a downpour, water accumulation is one of those “invisible” conditions. Slow down in the rain…always.

For a really old, but still technically valid, video about how hydroplaning happens, click here to go to an archive page from NASA: Automobile Tire Hydroplaning

Popularity: 5% [?]

Tips for Safe Driving in Summer Storms

hfstaff July 19th, 2010

The storms that popped up in central North Carolina this weekend were a fast and ferocious reminder that rain can be as big a hazard as snow…especially if you are not prepared. Here are some things that weather and driving experts hope you’ll keep in mind. After all, summer is only half over.

Check The Tread

The tire tread provides the gripping action and traction that prevent your vehicle from slipping or sliding, especially when roads are wet or icy. According to Savercar.gov, the nation’s premier source of vehicle safety information, tires are not safe and should be replaced when the tread is worn down to 1/16 of an inch.

Tires have built-in treadwear indicators that let you know when it is time to replace your tires. These indicators are raised sections spaced intermittently in the bottom of the tread grooves. When they appear “even” with the outside of the tread, it is time to replace your tires.

Another method for checking tread depth is to place a penny in the tread with Lincoln’s head upside down and facing you. If you can see the top of Lincoln’s head, you are ready for new tires. (In the photo, the tread on the tire covers the top of Lincoln’s head, so it’s not yet ready for replacement.)

Plan for Floods and Tornadoes

It’s not that we’re safety-obsessed (well, maybe a little…it’s our job), but we’re in the season when anything can happen, weatherwise. If you plan to be driving, pay attention to those “Flash Flood Warnings” that are broadcast when the danger is greatest. And then have a plan for dealing with whatever comes your way.

If you’re driving, don’t cross any roadway that is covered with water unless you know the depth of the water for certain. Some roadways dip and can leave a “puddle” deep enough to stall your car and leave you stranded. Even if it is your only route, don’t cross–turn around and wait the storm out if necessary.

If you do find yourself stuck with a stalled vehicle, abandon your car and walk to higher ground. In some cases, driving rains and floods have been strong enough to carry cars away–if you stay in your car, you’ll be carried away, too. People have drowned because of a decision to stay in a flooded car.

If you spot a tornado, don’t think you can out-run it. Your car may be fast, but tornadoes aren’t confined to roads. They can leap-frog over fields and suck your car up before you know what happened. Instead, get out of the car and seek some sort of substantial shelter–a large building or house with a foundation (sheds and trailer homes don’t count). Once inside, head for the lowest level and look for a room with the fewest windows. Cover yourself with a piece of furniture, cushions, blankets, pillows–anything that might protect you from flying glass and debris.

If there is no shelter, then lie down flat, stomach-side down, in a ditch, culvert, or other depression. Cover  your  head with your hands, and wait for the tornado to pass. (Common sense alert: If the ditch is too full of water to breathe if your head is down, find a different ditch.)

Subscribe to Weather Alerts

You’ll have a jump on the weather if you get weather alerts sent to your email address or cell phone. Some places will even have a recorded message called into your phone! To subscribe to local alerts for your favorite information sources, click here:

WRAL WeatherCall

WRAL Email Alerts

WTVD ABC11 Mobile and Email Alerts

WNCN NBC17 Mobile Text Alerts

Check back later this week for information about how to avoid hydroplaning and other rain/road hazards.

Popularity: 8% [?]

Support for New Bill to Streamline Medicare Reimbursements

hfstaff July 7th, 2010

Imagine that you have been in a car wreck and are unable to work because of your injuries… or that you have ongoing hospital bills due to medical malpractice. You’ve done everything right. You took your case to court and won a settlement for your losses. How long do you think it might take to receive the money you need to pay your mortgage or other bills?

If you are younger than age 65, you could receive your settlement check within weeks. That sounds right, right? Here’s the problem: If you are age 65 or older, your settlement check could be delayed by years. Yes…years. The difference is due to the red-tape run-around involving something called the Medicare Secondary Payer System (MSP).

The MSP was the product of good intentions. It was designed to help keep Medicare solvent by reimbursing the Medicare Trust Fund if another insurance or compensation source is available to pay for health care costs. The timeline (ideally) would go like this:

  1. An injury occurs.
  2. The medical bills are paid by Medicare.
  3. A lawsuit is filed.
  4. A lawsuit is won.
  5. Medicare is contacted.
  6. Medicare bills are tallied.
  7. Medicare is reimbursed from the settlement money.
  8. The remainder of the settlement goes to the injured person.
  9. Other bills get paid and justice is done.

Again, that’s the ideal. In reality, this is what happens (differences are highlighted):

  1. An injury occurs.
  2. The medical bills are paid by Medicare.
  3. A lawsuit is filed.
  4. A lawsuit is won
  5. Medicare is contacted. (So far, so good.)
  6. Medicare sits on the request to tally the bill.
  7. Medicare sits on the request to tally the bill.
  8. Medicare sits on the request to tally the bill.
  9. Medicare sits on the request to tally the bill.
  10. Medicare sits on the request to tally the bill. (ad infinitum)
  11. Other bills don’t get paid; justice is not done.

The funds that have been won in a lawsuit can be tied up for years due to the red-tape and inefficiencies of the MSP system. And remember, we’re talking about senior citizens–many of them die before they see a dime of the money that could improve their lives.

What Is Being Done?

There is currently a Bill before Congress that would streamline the process of Medicare reimbursement. The Bill (HR 4796: The Medicare Secondary Payer Enhancement Act) will do several things. Most importantly, it will require that Medicare respond to requests for recovery information within 60 days… that Medicare develop an appeals process for repayment determinations…and that there be a 3-year statute of limitations, so that Medicare can’t ignore injured seniors forever.

One has to wonder why the system would allow this kind of bureaucracy or incompetence to continue. Don’t they want funds repaid in a timely manner? Who benefits from keeping the law in place as it is? It seems like no one: The bill was introduced in March 2010 by Reps. Patrick Murphy (D-Pa.) and Tim Murphy (R-Pa.). It is co-sponsored by 26 other Representatives–Democrats and Republicans–and is backed by a varied group of organizations and businesses, including Walmart, the Defense Research Institute, the American Insurance Association, and Safeway.

HensonFuerst also supports the bill. We have seen many of our clients suffer needlessly–additional suffering on top of their injuries–because of the current difficulties with Medicare reimbursement. If you want to read the full bill and see its status, click here: http://www.govtrack.us/congress/bill.xpd?bill=h111-4796

And if you want to send a message of support to your Representative in Congress, go to the website for People Over Profits (http://www.peopleoverprofits.org), or click here to be taken to their dedicated web page: Support HR 4796.

Popularity: 17% [?]

Summer Safety Tip #5: Swimming Pool Drain Covers

hfstaff July 6th, 2010

Now that summer time is here and families are heading out to their local pools, there’s another aspect of pool safety that you need to know about.

You have probably heard news stories about  children who have been caught on drains at the bottom of pools. Drains with old-fashioned, missing, broken, or faulty covers can also entrap hair, limbs, clothing, and jewelry. Because the suction of the pool pumps is so strong, children–and even some adults–are unable to free themselves, and they end up drowning or becoming seriously injured. In severe cases, the suction can even cause disembowelment/evisceration.

What you may not have heard is that a series of Federal and state laws have been enacted prevent this type of tragedy. The new laws are already in effect in North Carolina. Public pools must now have modified drain covers, which are usually dome shaped so that children won’t get stuck.  In addition, pools must have two drains per pump, so that one drain would be able to handle 100% of the water flow.

The laws were sparked by the 2002 death of 7-year-old Virginia Graeme Baker (granddaughter of former Secretary of State James Baker), who became trapped at the bottom of a hot tub by the suction of the drain. Her mother, Nancy, has worked to make pool and hot tub entrapment a nationally recognized issue, and to ensure that mandatory standards were put in place. (To read more about Graeme’s story, click here: SafeKids page on VGB.

So, what does that mean for you?  Well, before I would take my child to the pool, I would check with pool management to make sure they are in compliance with the new law.  Also, take a look at the pool yourself, and look for raised or domed drain covers–those are the ones that you want to see.  Also, make sure that you see multiple drains.

We have created a short video about this topic. Click here to view: HensonFuerst Pool Drain video.

To read FAQs about the VGB Pool and Spa Act, click here:  PoolSafety.gov

At HensonFuerst, if you have questions, we have answers.

Popularity: 13% [?]

Are You Ready for Phone-Free Driving?

hfstaff June 22nd, 2010

According to the News & Observer Road Worrier, the U.S. Senate is considering a bill that would reward states with millions of dollars in grants if they outlaw all phoning and texting while driving. The bill is called H.R. 3994: Distracted Driving Prevention Act of 2009. (You can read the bill itself here: Distracted Driving bill.)

Research shows that talking on a cell phone–even a hands-free phone–increases your risk of being in a car wreck. In fact, driving while distracted is just as dangerous as driving while intoxicated. (Is it time for a new acronym? If we already have DWI, is it time for DWD?)

North Carolina already bans cell phone use while driving for school bus drivers and people under age 18. Texting is banned for all drivers. But as noted by the Road Worrier:

Our partial bans are steps in the right direction, but their limitations make them hard to enforce. Even if a cop sees that driver gripping her new Samsung Galaxy S Pro Android phone, it might be hard to guess how she’s using it or how old she is.

The bill has already been endorsed by the National Safety Council.

HensonFuerst also supports the bill. Cell phones are great–we don’t know how any of us would get through a day without them–but most of us underestimate the effect they have on our ability to pay attention when attention is critical, like when driving. Just yesterday we posted an entry on our Traumatic Brain Injury blog (Head Injury from Summer Fun) that reported that cell phone use is to blame for some of the increase in head injuries for cyclists.

There has to be a way to integrate beneficial technology into our lives, without putting ourselves at risk of injury, trauma, or death. Everyday, the injury attorneys of HensonFuerst represent people who have been seriously hurt in wrecks caused by distracted drivers. Power down the cell phones…save a life.

More Information

To sign a “No Phone Zone” pledge (Oprah’s website!), click here: No Phone Zone Pledge.

If you have been involved in a cell phone-related motor vehicle wreck and you want to learn about your legal rights, see the HensonFuerst auto wreck page: http://www.lawmed.com/north-carolina-auto-accident-lawyer.php.

To read more about the effects of distracted driving, and to watch Public Service Announcement, go here: www.Distraction.gov.

Read the full Road Worrier article:  http://www.newsobserver.com/2010/06/22/545192/senate-pushes-for-phone-free-driving.html#ixzz0rbIVBMPi

Popularity: 12% [?]

FDA Finds New Outlet for Consumer Drug Information

hfstaff June 16th, 2010

The U.S. Food and Drug Administration (FDA) and the website Drugs.com (www.drugs.com) have teamed to broaden the reach of FDA’s consumer health information.

A new partnership forged by the two entities provides consumers with a joint resource on Drugs.com’s site that features FDA Consumer Update articles, videos, and slideshows. It will also bring FDA health information to Drugs.com’s mobile phone platform.

“The partnership with Drugs.com means that reliable, useful, and timely health information will be available to an even wider audience,” says Beth Martino, FDA’s associate commissioner for external affairs. “Partnerships like this are an important part of FDA’s effort to ensure the public has easy access to reliable, useful information that can help people protect and improve their health.”

With more than 12 million unique visitors each month, this terrific site seeks to provide comprehensive drug information online, and to assist in the reduction of medication errors. Featured services include an A-to-Z Drug List, a Pill Identifier (for those stray pills you find in the bottom of your bathroom cabinet), Clinical Trial Results, Pregnancy Warnings, and many more.

To read the FDA’s take on this new partnership, click here: Drugs.com Furthers Reach of FDA Consumer Health Information.

Unfortunately, even with the best information, drug injuries can happen. For example, there may be a prescribing error, or a defect in the manufacturing process. If you believe that you have been injured by a prescription or over-the-counter medication, please seek help from a physician. If you have legal questions, visit the HensonFuerst Drug Injury information page, or call one of our drug injury lawyers at 1-800-4LAW-MED. If you have questions, HensonFuerst has answers.

Popularity: 13% [?]

FDA Reminder: Grill Safely to Prevent Foodborne Illness

hfstaff June 15th, 2010

Summer officially starts next week, but grilling season has already been going strong in North Carolina for weeks. Today, the U.S. Food and Drug Administration (FDA) released a reminder to practice basic food safety to help prevent foodborne illness.

These may sound obvious, but you would be surprised how many people let safety lapse when the food is outdoors. The FDA wants to remind you to:

  • Wash hands. It seems basic, but not everyone does it. Wash hands well and often with soap and water for at least 20 seconds, especially after using the bathroom and before cooking or eating. If you’re in an outdoor setting with no bathroom, use a water jug, some soap, and paper towels. Consider carrying moist disposable towelettes for cleaning your hands.
  • Keep raw food separate from cooked food. Don’t use a plate that previously held raw meat, poultry, or seafood for anything else unless the plate has first been washed in hot, soapy water. Keep utensils and surfaces clean.
  • Marinate food in the refrigerator, not out on the counter. And if you want to use some of the marinade as a sauce on the cooked food, reserve a separate portion. Don’t reuse marinade that contained raw meat.
  • Cook food thoroughly. To kill any harmful bacteria that may be present, use a food thermometer. Hamburgers should be cooked to 160°F. If a thermometer is not available, make sure hamburgers are brown all the way through, not pink. Chicken should be cooked to at least 165°F. If you partially cook food in the microwave, oven or stove to reduce grilling time, do so immediately before the food goes on the hot grill.
  • Refrigerate and freeze food promptly. It can be hard to remember while a party is going on, but food should not be left out of the cooler or off the grill for more than two hours. Never leave food out for more than one hour when the temperature is above 90°F.
  • Keep hot food hot. Hot food should be kept at or above 140°F. Hot food should be wrapped well and placed in an insulated container. If bringing hot take-out food such as fried chicken or barbecue to an outdoor party, eat it within two hours of purchase. In addition to bringing a grill and fuel for cooking to an outdoor location, remember to pack a food thermometer to check that your meat and poultry reach a safe internal temperature. When re-heating food at the outing, be sure it reaches 165°F.
  • Keep cold food cold. Cold food should be held at or below 40°F. Foods like chicken salad and desserts that are in individual serving dishes can be placed directly on ice or in a shallow container set in a deep pan filled with ice. Drain off water as ice melts and replace ice frequently.

Popularity: 12% [?]

A Doctor’s Message About Multitasking

hfstaff June 10th, 2010

Imagine a hospital operating room wired for phone use.  How would you feel if the surgeon removing your appendix talked on the phone — hands free, of course — while operating?

That’s the question posed in this week’s issue of the New England Journal of Medicine by Dr. Amy N. Ship, assistant professor of medicine at Beth Israel Deaconess Medical Center (a teaching hospital of Harvard Medical Center). Her article is titled The Most Primary of Care—Talking about Driving and Distraction.

The answer: No one would want a surgeon trying to multitask while performing an activity that is potentially life-threatening. And yet, we have somehow convinced ourselves that talking on a phone (hands-free, of course) while driving is simply good time management.

As Dr. Ship eloquently points out, that’s a fallacy. Her powerful argument against distracted driving includes the following truths, all backed up by research:

  • The crash risk of driving while talking on a cell phone is the same as the risk of crash associated with driving while drunk.
  • In the United States, at least one in four crashes is caused by someone talking or texting while driving.
  • Hands-free phones are not a safer alternative because the problem is distraction, not the hand on the steering wheel.
  • Neurologically, talking on the phone is qualitatively different from talking to a passenger–the phone takes more of your attention off the road.

Dr. Ship encourages physicians to start asking patients about their cell phone habits during examinations, the same way doctors already ask about other dangerous habits, including drinking alcohol, smoking, and taking drugs. When she has this conversation with her own patients, she sometimes runs into resistance to changing this ingrained habit. As she says in the article:

“I remind them that we all managed without mobile phones until recently and encourage them to return to the practices of the pre–cell­phone era. What can drivers do if they want to fill the resulting void? They can listen to the radio or a CD. They can pay attention to what they’re doing and their surroundings, rather than attempt to multitask. We talk about practical solutions. I tell them about a driver who killed a woman while talking on his phone but couldn’t restrain himself even after that horror. He now puts his phone in the trunk of his car before he gets behind the wheel. I talk about creating such a system for eliminating the risk.”   (NEJM p.2146)

She also provides a link to a powerful and disturbing British public service video (available here: http://www.youtube.com/watch?v=R0LCmStIw9E). It should be required viewing for every driver, especially new ones.

You’ll notice that I used a deliberately misleading title for this blog. Many of us take pride in our ability to multitask because we think it makes us more productive, and we’re excited to read breakthroughs about it. But the car is one place where multitasking can backfire. And when it does, it backfires in a big way. A potentially life-altering way.

HensonFuerst represents people injured in car wrecks. If we never saw another mangled wreck caused by a distracted driver, we would be thrilled. We applaud Dr. Ship for her heartfelt plea for single-tasking… at least when it comes to driving.

(Read the full NEJM article here:  Talking about Driving and Distraction.)

Popularity: 13% [?]

RECALL: Fire Hazard in GM Vehicles

hfstaff June 8th, 2010

Today, General Motors Company announced the recall of 1.5 million vehicles because the heated windshield washer fluid systems posed a fire hazard. There was a similar recall in 2008, but a second hazard was discovered in June 2009. That raises the question of why it took a year for the recall to be initiated.

Letters detailing the recall will begin to be mailed this month, but owners of recalled models can call their dealership now to arrange to have the fluid heating system removed. Washer fluid hoses will be reconnected, but the heater unit will not be replaced. As a concession for losing this feature, GM promises to pay each car or truck owner $100.

The recall covers 2006-2009 model year cars and trucks, including:

  • Buick Enclave (2008-2009)
  • Buick Lucerne ( 2006-2009)
  • Cadillac CTS (2008-2009)
  • Cadillac DTS (2006-2009)
  • Cadillac Escalade (2007-2009)
  • Cadillac Escalade ESV (2007-2009)
  • Cadillac Escalade EXT (2007-2009)
  • Chevrolet Avalanche (2007-2009)
  • Chevrolet Silverado (2007-2009)
  • Chevrolet Suburban (2007-2009)
  • Chevrolet Tahoe (2007-2009)
  • Chevrolet Traverse (2009)
  • GMC Acadia (2007-2009)
  • GMC Sierra (2007-2009), GMC Yukon (2007-2009)
  • GMC Yukon XL (2007-2009)
  • Hummer H2 (2006-2009)
  • Saturn Outlook (2007-2009)

GM claims that there are no known injuries or crashes related to the fire hazard.  It makes you wonder how hard they have been looking. If you believe your car wreck may have been caused by this problem, and you want to know how to report your incident to GM and the National Highway Traffic Safety Administration (NHTSA), feel free to call us at 1-800-4-LAW-MED. If you have questions, HensonFuerst has answers.

Popularity: 13% [?]

RECALL: McDonald’s Shrek Glasses

hfstaff June 4th, 2010

According to WRAL, the U.S. Consumer Product Safety Commission has announced the voluntary recall of its 16-ounce promotional glasses because the painted design contains cadmium, a toxin that can cause cancer, bone softening, and kidney problems. The glasses are being sold to advertise the theatrical release of “Shrek Forever After.”  About 12 million glasses have been sold.

Customers are advised to immediately stop using the glasses.

Do not throw them away, though–McDonald’s will buy them back from you. While no details have been released about how and when the buy-back will happen, McDonald’s promises more information on its recall web page beginning June 8, 2010. We hope there will be much more information forthcoming, because there is a lot of nothing there as of today.  (Click here:  McDonald’s Recall Page)

The Consumer Product Safety Commission is interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell them about it by visiting https://www.cpsc.gov/cgibin/incident.aspx.  If you believe your child has been injured as a result of these glasses, and you want to know what your legal options are, call the attorneys of HensonFuerst–if you have questions, we have answers.

Popularity: 15% [?]

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