In 2010, the Federal Motor Carrier Safety Administration, the agency in charge of monitoring trucks and buses, passed comprehensive measures that were aimed at improving safety by holding drivers and companies accountable for accidents. However, the new system did not completely address one issue that continued to plague to the agency.
]]> A trucking or bussing company who has too many safety violations may receive an "out of service" order. This means that the FMCSA can basically order a company out of business if it is not performing up to safety standards. While this seems like it is a positive step toward removing dangerous drivers from roadways, it did little to stem the problem.Often, carriers ordered out of service would simply cease operating as the affected company. They would then form a new entity, and start over with a clean safety record, putting many drivers at risk.
The agency is taking steps to eliminate this potential option for companies. New rules have been announced which will make it much more difficult to escape punishments being put in place for safety violations. New entities, often called "reincarnated carriers," would be subject to the same penalties put in place before the older companies went out of business.
The new rules will make it easier for the agency to link prior records to the new carrier. The reincarnated carrier will have an opportunity for a hearing with the agency to present information regarding the status of the new company. Once the rules have been in effect, the agency will be able to determine their effectiveness. If reincarnated carriers are still an issue, it may be necessary for the FMCSA to make further changes.
Source: TheTrucker.com "Amended 'reincarnated carrier' rules set for May 29" The Trucker News Services, April 30, 2012.
]]>Despite these requirements, it is not uncommon for motorcycle accidents to happen. Often, these crashes can cause serious personal injuries for the motorcyclists involved. When an accident occurs, officials often conduct extensive investigations to determine what factors led to the crash.
]]> A recent study of accident reports by the Highway Loss Data Institute shows that inexperience may be one of the main reasons behind motorcycle crashes. The study examined motorcycle accidents from 2003 to 2007, which accounted for nearly 57,000 crashed. Over one-fifth of these crashes occurred within the first 30 days of a motorcycle insurance policy being activated.New riders are frequently involved in collisions because they are unaware of some of the poor driving habits of other motorists. Often, drivers of other vehicles just do not see motorcycles until it is too late, if they see them at all. Motorists may make turns or lane changes without realizing that a motorcyclist is in their blind spot.
The resulting crashes can be extremely dangerous to those on the motorcycle. When a car or truck is in an accident, the vehicle can absorb much of the impact. However, on motorcycles, the impact is absorbed by the rider. Often, the rider will be thrown from the motorcycle, and this can lead to extremely serious injuries.
Source: Insurance Journal "Data Show Risk Highest for New Motorcycle Riders" April 17, 2012.
]]>In the past, if a person was denied health insurance by an insurer, they had very few options. They could continue to shop for a provider, who may be willing to insure the individual at extremely high rates, or simply let the injury or illness go untreated. For those with serious illnesses like cancer, being refused coverage could lead to quickly failing health.
]]> Congress attempted to address these concerns by enacting The Patient Protection and Affordable Care Act in 2010. One of the major points of emphasis of this legislation was to create a coverage scheme for those who were denied insurance because of pre-existing conditions.Uninsured individuals may be eligible for coverage under this law if they can meet specific criteria. They must be able to show 1) they have a pre-existing condition, 2) they have been rejected for health insurance because of this condition and have a letter stating this, and 3) they have been without coverage for at least six months, they will be eligible for coverage under the act.
While this will greatly impact those who have pre-existing conditions who are struggling with finding suitable healthcare coverage, it is not the only benefit available to Arizonans. Parents can now opt to include their children on their healthcare plans until the children turn 26. Additionally, insurers are now required to spend 80 percent of the money they receive from premiums on healthcare services, not employee bonuses.
Source: HealthCare.gov "The Health Care Law & You"
]]>However, some rules are in place that will impact certain motorists. Beginning this January, the Federal Motor Carrier Safety Administration (FMSCA) enacted a new rule that prohibited drivers of commercial vehicles from using a handheld cellphone while driving
]]> The rule, which was created in response to a deadly truck accident that killed 11 people in Kentucky, puts severe penalties in place for truck drivers caught texting while driving, and also penalizes their employers as well. Drivers may be fined $2,750 per violation, and repeat offenses may lead to a loss of their commercial driver's license. The potential fine for employers may be as much as $11,000.The FMSCA has made reducing the number of trucking accidents a top priority. In addition to these rules on distracted driving, the agency has also implemented wide-ranging initiatives designed to hold drivers and companies responsible for accidents and vehicle upkeep. Repeat violations could lead to the company being removed from the roads.
Because of the size of these large trucks, any time a driver takes his or her eyes off of the road, the potential for a serious accident exists. It can be difficult for these vehicles to make the quick moves necessary to avoid a collision. The cargo on board can also make it challenging for drivers, as loads may shift, causing the driver to lose control of the vehicle.
Source: North Country Gazette, "April is National Distracted Driving Awareness Month" April 9, 2012.
]]>One of the causes of car accidents often overlooked is speeding. The Governors Highway Safety Association (GHSA) recently released a report which highlighted the dangers of speeding drivers. According to the report, over 10,000 people died in motor vehicle accidents that could be attributed to speeding, which amounts to nearly one-third of all traffic deaths in the United States.
]]> Most of us would admit to speeding at one time or another. This seeming acceptance of this type of behavior, along with increasing speed limits, makes it appear that speeding is not dangerous. The GSHA believes that the attitude toward speeders has allowed the problem to become much more serious.However, a crackdown on speeding may prove difficult. Many communities do not have the necessary resources to focus on catching speeders. With police and law enforcement budgets already stretched thin, attention is directed toward other more serious crimes, such as drunk driving.
The GHSA has suggested several options for municipalities struggling with speeding drivers. Law enforcement should consider setting up speed traps in locations where speeding would pose the most problems, such as school and work zones or other high-traffic pedestrian areas.
The agency also suggests that police should place more attention toward speeders in general. Busy roads that often have drivers going too fast should get an increased police presence.
Source: USA Today, "Speeding enforcement falls through cracks with budget cuts" Larry Copeland, March 8, 2012.
]]>However, serious motor vehicle accidents kill an alarming number of people across the United States. Each year, the Insurance Institute for Highway Safety prepares a report that examines fatal motor vehicle accidents. It uses numbers provided by the U.S. Department of Transportation's Fatality Analysis Reporting System.
]]> The report states that Arizona had 762 traffic fatalities in 2010. The most deaths occurred in crashes involving pickups or SUVs, which accounted for 28 percent of the number of fatalities. Cars came in second, with 26 percent, while pedestrian accidents finished in third with 19 percent of the total fatalities. Seat-belt use was also a factor, with 53 percent of the fatalities occurring to drivers or passengers not using these safety restraints.The report does not list the number of deaths caused by impaired or distracted drivers. Insufficient data was available to adequately list the number of deaths caused by drivers with a blood-alcohol content of .08 or higher. Additionally, Arizona, as like several other states, does not have a way to determine the number of fatalities caused by distracted drivers. It is not on crash report forms, nor is it usually investigated as a cause at the accident scene.
This report allows legislators and other government officials to see where the problems are on our roadways. Understanding why these crashes are occurring is a first step toward putting new rules and procedures in place that make roads safer for everyone.
Source: IIHS, State by State Overview, March 23, 2012.
]]>However, once at the hospital, a patient will need to depend upon the doctors and nurses present to provide the proper care. Several studies have called into question whether these medical professionals have the necessary skills to provide life-saving care when an episode happens. Failing to keep these skills sharp so that they can be used at a moment's notice may result in a medical malpractice claim against the medical professionals or healthcare facility.
]]> Most of the studies focused on cardiac arrest, or when the heart stops beating. This is an especially time-sensitive condition. If care is not administered immediately, the patient will die. The treatment methods used during these events are referred to as "advanced life support." This would include the use of a defibrillator, giving the patient CPR or medication that would make the heart start beating again.Standard guidelines call for doctors and nurses to receive advanced life support training once every two years. However, many of the studies demonstrated that the skills taught in this training had diminished after only six months.
Much of the training received by medical professionals is done in the classroom, although some hospitals have begun to use real-life simulations to help keep skills fresh. Doctors and nurses would respond as though the emergency was actually happening, and wouldn't know otherwise until they actually get to the patient. Many facilities are reviewing their practices to develop methods that ensure that their personnel are equipped to handle these emergency situations.
Source: Reuters, "Doctors' life-support skills fade after training" Amy Norton, March 18, 2012.
]]>It is difficult to determine the number of accidents caused by distracted drivers within the state, because it is not something that is usually part of the accident investigation. If a driver volunteers this information, it may or may not be recorded by law enforcement personnel. Many car accidents that have been caused by texting while driving may be categorized differently, making this issue seem less serious than it really is.
]]> Nearly every legislative session, multiple bills are introduced aimed at reducing the amount of car accidents caused by distracted drivers. Each time these bills fail, and this year is no exception.A bill sponsored by Steve Urie, R-Gilbert, had proposed to ban texting while driving within the state. Supporters pointed to new national laws that had recently went into effect that restricted drivers of commercial vehicles from using handheld cellphones or texting while driving, as well as effective texting bans in place in several cities such as Phoenix and Tucson.
Once again, the bill did not advance. After the House Transportation Committee signed off on the bill, it was denied a hearing by the House Judiciary Committee. It was added as an amendment on a different bill being considered by the House, but that too was also voted down.
However, there is one potential change to distracted driving laws that may become law in Arizona. Drivers who have a learner's permit or have been licensed for less than six months would not be allowed to use a handheld wireless device while behind the wheel. This bill has passed the Senate, and is awaiting further action by the House. Many states already have such a ban in place.
Source: Nogales International, "Texting Ban Reaches End" Sara Smith, March 14, 2012.
]]>Whether the TBI happened as a result of a car accident, sporting injury or fall, it is a very serious injury that needs to be addressed as soon as possible. Since each TBI is different, it is often difficult to determine the extent of the injury. Symptoms may be hidden, making it challenging for physicians to find and diagnose the problems. This can lead to several problems down the line if the injury is not adequately treated.
]]> Researchers with the University of Pittsburgh have developed a new process of studying a TBI's effect on the brain. Patients suspected of having a brain injury are submitted to MRIs which determine where the injuries are located. The MRI shows where the breaks are in the brain's "wiring", which can aid physicians in developing treatment and recovery plans.This could be a particularly important development for those suffering from these injuries. Knowing where the injury is located can then lead to more focused rehabilitation efforts. If the scans show that the fibers of the brain will not be able to recover, it will be easier to determine the true long-term effects of the injury.
For those who have been injured due to the negligence of another person, this information can be crucial to help demonstrate the amount of compensation that will be needed. Knowing how the injury will change a person's life can help in determining the costs of long-term care and rehabilitation.
Source: Huffington Post, "High-Definition Fiber Tracking Could Help To Diagnose Traumatic Brain Injury" Lauran Neergaard, March 2, 2012.
]]>A rule was being considered that would have required these cameras in all passenger vehicles by 2014. However, the National Highway Transportation Safety Administration (NHTSA) has announced that they will review the rule in greater detail, and will not put it into effect at this time.
These back-over accidents are especially dangerous for young children and the elderly. Many of the accidents happen when a driver is backing out of a garage, driveway or parking spot. It can be difficult for drivers to see children located directly behind the vehicle. NHTSA statistics show that these accidents cause an average of 229 deaths per year, mainly impacting children under five and adults over the age of 70.
The NHTSA wants to take a closer look at the costs of implementing cameras on vehicles. Cameras could range from $150 to $200 on all new vehicles, and much of this cost would be passed along to consumers. A final regulation is expected to be handed down by the end of the year.
Source: CNN Money, "Rearview car camera rules delayed by U.S." Peter Valdes-Dapena, Feb. 29, 2012.
]]>However, not every family situation goes according to plan. Several couples have been surprised to learn of a new arrival or of health problems after consulting with their doctor or physician. Whether it is due to debilitative diseases or illnesses, defective birth control pills, botched vasectomy or other reason, Arizona families currently have the option of filing medical malpractice claims against health care professionals due to these errors.
]]> These cases, commonly called wrongful birth or wrongful life claims, are at the center of new legislation that has been proposed in Arizona. The bill would protect doctors from failing to diagnose health problems for unborn children. Currently nine other states ban these types of lawsuits.Proponents of the bill say that wrongful birth claims make it seem like the children in these situations are unwanted, and that it places an unfair burden on the courts to determine the value of a life.
Critics of the bill point to the many of the unexpected costs in caring for a child with special needs as one reason why the bill should not be passed. Without being able to pursue compensation for these undisclosed illnesses and diseases, a family may not have the means to provide necessary care to the child.
The bill is currently before a committee in the Arizona senate. If passed, it would go to the entire senate for a vote. Expect this to be a heated issue in the months ahead.
Source: Casa Grande Dispatch "Ariz. bill would prevent 'wrongful birth' lawsuits" Feb. 9, 2012.
]]>The National Highway Traffic Safety Administration (NHTSA), which is committed to reducing the number of car accidents caused by distracted drivers, recently announced guidelines that address devices that come pre-installed on several different types of new vehicles. For example, manufacturers may install in-dash GPS devices, phones or computers that can be used by a person behind the wheel.
]]> While motorists may appreciate the convenience, these devices may take a driver's eyes off the road. People may have a false sense of security when using these pre-installed options, and not realize that this behavior is just as dangerous as using a handheld cellphone.The new guidelines, which would be voluntary, would ask automakers to develop systems that reduce the amount of user interaction that is required from the driver. Devices should be operable with one hand (allowing the driver to keep one hand on the wheel), and limit the amount of information that is displayed. Pre-installed devices that access the internet or social media platforms would not be accessible to the driver until the vehicle is in park.
These would be major changes for many manufacturers. The Obama administration has committed $300 million for 6 years to combat distracted driving. Officials are also considering a second phase for the guidelines which would be focused on devices that are brought into vehicles, such as cellphones, MP3 players and GPS devices.
Source: NHTSA, "U.S. Department of Transportation Proposes 'Distraction' Guidelines for Automakers" Feb. 16, 2012.
]]>Arizona is currently one of three states that do not have a rule addressing booster seats. Children under the age of five must ride in a child safety seat, but that is the only rule currently in place. The new bill would require that all children aged five to eight, or under four-feet-nine inches tall, use a booster seat. Parents that do not comply with the rule may receive a fine.
]]> The National Highway Traffic Safety Administration (NHTSA) recommends booster seats for all children at least through age eight, and potentially even longer if the child is not tall enough to fit in an adult seat normally.While many parents are familiar with the safety benefits provided by infant car seats, there is a great deal of uncertainty regarding the use of booster seats. According to the NHTSA, car accidents are the number one cause of death for children aged 3 to 14. Seat belts are not designed for children, and may not effectively prevent injury for those too small to properly fit into the restraints.
Parents will want to check to see if their child is ready for a seat belt. The NHTSA states that a belt fits normal when the lap belt goes across the upper thighs of the child, not the stomach. The strap should not interfere with the child's neck or face, and should be snug against the child's shoulder. Parents will also want to have their children ride in the backseat of the vehicle until they are at least 13 years old.
Source: East Valley Tribune "Bill requiring vehicle booster seats for kids moves forward at legislature" Howard Fischer, Feb. 2, 2012.
]]>Proponents of the bill claim that these modifications are necessary to improve the efficiency of the trucking industry and also reduce the number of trucks on roads.
Critics contend that larger trucks would not only damage roads and bridges, but also lead to more serious accidents and fatalities. Putting heavier vehicles on the roads would increase the amount of time one of the semis would need to make a stop, which could be extremely dangerous on interstate highways where trucks are traveling at a higher rate of speed. According to the National Highway Traffic Safety Administration, fatalities caused by trucking accidents increased 9 percent from 2009 to 2010, the most recent numbers available.
The bill is currently before the House Transportation Committee, which is discussing the item as part of its transportation funding package. A similar bill has been introduced in the Senate, but this bill does not raise weight limits or truck lengths.
Source: Trucking Info, "House Highway Bill Would Allow Heavier Trucks," Oliver Patton, February 1, 2012
]]>Recently, the Chevy Volt has made news for an entirely different reason. In 2011, the National Highway Traffic Safety Administration (NHTSA) conducted crash testing on the vehicle. The tests, which would check the vehicle's crash worthiness in the event of a car accident, did not demonstrate anything out of the ordinary at first. However, three weeks after the test was conducted, the car's battery pack caught fire. This also happened in two later Volt crash tests as well.
]]> Officials at the NHTSA performed an extensive investigation to check the extent of the potential dangers to Chevy Volt owners. The agency stated that it felt there was no general defect in the design of the car, and that the changes to the structure of the battery pack proposed by GM would reduce the risk of fire after a car accident.Technology will continue to advance to make these cars more affordable. With hybrids continuing to rise in popularity, it is becoming more likely that vehicles like the Chevy Volt will be where auto makers focus much of their attention throughout the next decade.
With gas-electric hybrid vehicles becoming more common on roadways, the likelihood that they will be involved in accidents will increase. These accidents will provide crucial information to government officials and consumers concerning any potential design problems in the vehicles, so that manufacturers can make any necessary safety improvements.
Source: Reuters, "Probe of Chevy Volt fires closed," John Crawley, Jan. 20, 2012
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