The problem of impaired-driving is a serious one.  While America witnessed a decline in the number of impaired-driving fatalities from 2007-2008, the numbers are still too high.  That’s why law enforcement agencies throughout the country are participating in an intensive crackdown on impaired driving.

This national impaired driving crackdown—known by its tagline, Drunk Driving. Over the Limit. Under Arrest—-runs from Friday, August 20 through September 6 (Labor Day).

In 2008 alone, nearly 12,000 people died in crashes in which a driver or motorcycle rider was at or above the legal limit, according to the latest statistics from the National Highway Traffic Safety Administration (NHTSA). More than 400 of those fatalities were in North Carolina.

According to the latest data, 32 percent of fatalities in motor vehicle traffic crashes involved a driver or motorcycle rider with a blood alcohol concentration of .08 g/dL or above — an average of one fatality every 45 minutes.

According to representatives of the NHTSA:

“Our message is simple and unwavering. If we find you driving impaired, we will arrest you. No exceptions. Even if you beat the odds and walk away from an impaired-driving crash alive, the consequences of driving while impaired can still virtually destroy your life.”

Violators often face jail time, lose their driver license, or are sentenced to using ignition interlocks. Their insurance rates go up. Other financial hits include attorney fees, court costs, lost time at work, and the potential loss of job or job prospects. And even if you aren’t injured, you may injure someone else, and have to live with that guilt for the rest of your life.

Driving impaired is simply not worth the consequences. Don’t take the chance. This crackdown will last through Labor Day, but it is a message that everyone should bear in mind everyday:  If you’re over the limit, you’ll be under arrest.

Stay safe… drive sober.

Resources:

Click here for more information about what you can do to join the fight against impaired driving: Stop Impaired Driving.

HensonFuerst auto wreck webpage

Mazda is recalling 500,000 cars worldwide, about 215,000 in the United States, for problems with the power steering. According to the National Highway Traffic Safety Administration (NHTSA), the recall includes all 2007-2009 Mazda 3 and Mazda 5 vehicles. The problem is that there is a risk of sudden loss of power steering assist, which can occur at any time while driving the vehicle. Without the ability to steer the vehicle as expected, the risk of a crash.

I looked on the Mazda corporate website and the Mazda USA website, and I couldn’t find any reference to this recall. However, according to the NHTSA website:

Due to short supply of parts, the first phase of mailing of owner notification letters will begin on or before September 15, 2010 and the second phase mailing will begin in September 2010 and be completed in February 2011.

Unacceptable! Are some Mazda drivers supposed to drive around with an increased risk of crashing for the next six months? Even one day of driving with the potential for power steering failure is unacceptable. According to an article in today’s New York Times:

The recall comes about a year after Mazda started fixing vehicles in Japan for the same problem. But Mazda told the American safety agency that since the “occurrence rate was low” in the United States it issued only a technical service bulletin to dealers telling them how to fix the problem.

Let me get this straight–vehicles in Japan have been getting fixed while U.S. drivers are continuing to drive at risk? I don’t care how low the occurrence rate is, a single crash that results in an injury or death is one occurrence too many.

The phone number for Mazda Customer Assistance is 1-800-222-5500. If you own one of the recalled cars, call and demand that they pay for a rental car until your car is fixed. You can also call the NHTSA’s Vehicle Safety Hotline at 1-888-327-4236 if you get no satisfactory answer from Mazda.

And if you were injured in a car wreck that involved a 2007, 2008, or 2009 Mazda 3 or Mazda 5, feel free to call HensonFuerst for information about your legal options. Our phone number is 1-800-4LAW-MED. Or visit us online at http://www.lawmed.com. If you have questions, HensonFuerst has answers.

The recall affects about 250,000 vehicles.

“Because of the potential for a false-latch condition, we want customers to return their vehicles to have the recall repair performed as soon as possible,” said Jeff Boyer, GM executive director of safety.

According to a GM press release, vehicle owners will begin receiving letters giving recall details, including how to schedule an appointment with the dealership.

If you own one of these vehicles, it would be prudent to avoid using the second-row seats until the problem is fixed–don’t take a chance with the lives of your loved ones. If you have been involved in a wreck and think that a faulty seat belt latch may have contributed to the injuries of someone in your car, feel free to call the injury lawyers of HensonFuerst for information about you legal options. If you have questions, HensonFuerst has answers.

North Carolina has seen a 40% decrease in teenage driver fatalities this year, compared to a similar period in 2009. That demonstrates the amazing start of what everyone hopes will be a long-term trend. And with the continuing teen driver programs of the N.C. Highway Patrol, those hopes may very well be realized.

According to an article in the Rocky Mount Telegram, Operation Drive to Live and other programs are focusing on reinforcing safe driving practices. According to the article:

“No one can prevent all fatalities, but we can raise awareness. We can help people to realize the consequences of making bad decisions,” [1st Sgt. Martin] Jones said. “We will use a case from May where a 17-year-old ran a stop sign to educate others; because that is all it takes, one brief moment of unclear thought. As tragic as that death is, it will be used to save other lives.”

The state-wide Operation Drive to Live ended in June, but more efforts will be ramped up for the new school year. At the top of the Highway Patrol’s priority list is to reduce the incidence of speeding through vigilance and new technology. After all, speed is the leading cause of traffic fatalities.

“We are going to use the LIDAR more, which (is more accurate than traditional radar units, can reach thousands of feet to measure speed and distance and) is very undetectable,” [Highway Patrol Lt. Keith] Stone said. “We can use it without being seen.”   [Rocky Mount Telegram]

So teenagers aren’t the only ones who need to watch speed limits a little more closely.   FYI–if you want to report drunk drivers, speeders, crashes, or other highway situations, simply dial *HP (for Highway Patrol) on your cell phone!

All of us here at HensonFuerst are proud of the work of the North Carolina Highway Patrol, and we support all efforts to reduce the number of crashes, injuries, and deaths on our roads. We’ll keep you posted on new programs as they are announced.

The children are our future…but only if they stay alive past high school.

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

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.

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.

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.

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

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.