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Will the Texas Legislature Really Approve Lane Splitting?

Brooks Schuelke — Thu, 26 Mar 2009 10:35:06 GMT

Before reading this blog post, watch a portion of the video below.

Did you watch it? If you did, thanks for listening. If you haven't, really go back and watch a few seconds.

The video is a good example of lane splitting, motorcycles driving between lanes of traffic. Doesn't seem very smart or safe to me, but yesterday the Texas Senate approved Senate Bill 506, which would make some lane splitting legal in Texas.

Your question is problem the same as mine? Why do we need that? Well, supporters of the bill suggest that allowing lane splitting will help improve traffic. As the motorcycles move up, it vacates spots in traffic for cars and trucks. Now I try and give people the benefit of the doubt, but that sounds ridiculous to me. I'm not sure what kind of traffic the supporters sit in, but when I'm in traffic, it's because there are too many cars and trucks, not because there are too many motorcycles. Now maybe if they voted to allow lane splitting for semis it would improve traffic, but motorcycles just aren't much of a problem.

Instead, this seems stupidly dangerous for all involved. I don't know about you, but I have a hard enough time changing lanes during rush hour traffic --- trying to find an opening or trying to make eye contact with the driver next to me so they'll let me in --- I don't need the extra difficulty of watching out for some idiot speeding up behind me on a motorcycle. And then imagine all the cars that move close together to try and cut off the motorcyclists. I just don't see how this is going to go well.

If you're interested in more, Fox 7 had a nice story last night, and I suggest you watch it.

Originally posted at InjuryBoard by Brooks Schuelke

Building Austin, Building Injustice: Working Conditions in Austin's Construction Industry

Lauren Cox — Mon, 13 Jul 2009 22:55:27 GMT

Every 2.5 days a construction worker dies in Texas, according to a recent study released by Workers Defense Project. The report Building Austin, Building Injustice: Working Conditions in Austin’s Construction Industry reveals that 142 construction workers died on the job in Texas in 2007. Furthermore, no other state has so many construction workers die on the job. Sixty-one more workers died in Texas than in the state with the second-highest number of construction fatalities, California, a state with even more construction workers.

The Building Austin, Building Injustice study collected existing government data and primary data through 312 surveys with construction workers and interviews with 37 construction workers and construction employers. Survey results showed that one in five construction workers (21%) suffered a workplace injury that required medical attention. However, only 45% of workers reported that they were covered by workers’ compensation. Additionally, 20% of the workers who had been injured on the job reported that their employer refused to pay their medical bills. Data shows that when employers failed to provide workers’ compensation, workers and hospitals were forced to take the responsibility for the medical costs of work-related injuries. Complicating this matter is the fact that Texas is the only state in the U.S. that makes workers’ compensation insurance coverage optional for any employer.

Building Austin, Building Injustice data shows that more could be done to prevent injury on the job. Forty-one percent of workers reported that their employers did not give them any rest breaks at work, and 27% reported that they were not provided with drinking water. Both rest breaks and drinking water are necessary health protections for extreme Austin weather conditions, with temperatures reaching up to 112 degrees in summer months. Sixty-four percent of construction workers reported that they received no OSHA health and safety training, although OSHA advises that all construction workers receive its Construction 10-Hour Health and Safety training. Finally, nearly one-third of workers (29%) reported providing their own safety equipment at work.

Roofer Pedro Hernandez explained “I’ve never had an employer that has given me a harness or hard hat for work. I’ve always had to bring my own or go without the right [safety] equipment… I once fell off a roof and had to be hospitalized. If my employer had given me the harness I needed, I wouldn’t have gotten hurt.”

Fortunately, Workers Defense Project’s report has brought national attention to unsafe construction working conditions in Austin and in Texas. The Department of Labor, OSHA division recently increased the number of OSHA investigators in Texas. These investigators will ensure that health and safety regulations will be enforced on the construction site. However, our policymakers and construction employers must do more to decrease the unnecessarily high number of deaths on the job. Policymakers and employers must ensure that workers receive health and safety trainings, safety equipment, and access to breaks and water.

To learn more about the Building Austin, Building Injustice report or if you would like to help build a better Austin, visit www.buildaustin.org.

Originally posted at InjuryBoard by Lauren Cox

Kids Drowning

Brooks Schuelke — Tue, 14 Jul 2009 21:37:17 GMT

Water, Water, Everywhere

A day at the pool, a swim at the beach, a soak in the tub: these are all relaxing thoughts. However, these things all have one thing in common; they can be deadly for children. According to a 2008 Consumer Product Safety Commission press release, drowning is now the #1 cause of accidental child death. Unfortunately, it will most likely stay at top for 2009 . Already 60 children have died in Texas alone from drowning this year. The 2008 total for Texas was 82, which was the highest ever recorded. With half a year remaining on the calendar and two of those months being summer months, it’s a reality check that proves child drowning needs more attention.

Kids Can be Their Own Floatation Devices : There is a new trend on the rise that could drastically reduce the number of child-drowning accidents. While this “trend” has been around for quite sometime, many people have never even heard of it. The technique is simple, just float. Infants as young as 6 months are now being taught how to survive in water by rolling over and floating on their backs. Children that are old enough to walk can be taught how to swim and then float when needed (for air or rest) until they are able to reach safety.

Unlike the swimming lessons most of us had as kids, these lessons focus on teaching the child to instinctively roll over if they fall into the water. While knowing how to swim can help a child survive, knowing how to float can add valuable time onto their chances for survival. Floating buys more time for the child to be found and rescued.

The vast amount of online video footage that demonstrates these techniques is incredible:

http://www.youtube.com/watch?v=fwvv5IyPkXM&feature=player_embedded

http://www.youtube.com/watch?v=rWIwWpxkus0

Children and infants don’t always enjoy learning this technique but it is one that could save their lives. Parents need to give their children the ability to save their own lives in such situations, rather than expecting themselves or someone else to rescue the child before drowning occurs. To find an instructor near you, visit InfantSwim.

Teaching your child to float or teaching them the swim-float-swim sequence does not prevent drowning. It is still important to remain overly cautious when it comes to children and water. Children can drown in as little as one inch of water. Also, even children that are the best swimmers are not immune from the dangers of drowning. Keep the following points in mind to reduce your child’s chances of drowning:

Missing Child: Since time is critical, always check nearby pools, lakes, ponds, creeks, or other known areas containing water.
Bathing: Never leave a child unattended. Consider placing the phone next to the tub when bathing your child. Make sure other children in the household are nearby or being supervised so that you don’t have to attend to them during your child’s bath.
Toilets: Toddlers are curious. Toilet lids should be kept closed and childproof safety clips should be installed.
Locks: Keep doors to pools locked.
Gates: Fence your pool in or install a safety gate around the perimeter.

Exercise caution all-year long, not just during the summer months. Children are curious and cannot be expected to understand every risk associated with their behavior. Keep yourself educated and aware. For more information see: Protect Your Child From Drowning and water safety.

Originally posted at InjuryBoard by Brooks Schuelke

What Do You Mean Medicare Is Holding Up My Car Wreck Settlement?

Brooks Schuelke — Tue, 09 Jun 2009 12:21:06 GMT

All too often, I have to tell a client, "yes, your case has settled, but don't expect the money for several months." Why? Because of Medicare.

Medicare has a subrogation interest, meaning that clients have to use settlement funds to reimburse Medicare for the payments (or a portion of the payments) that Medicare made for the clients' medical care. That's not that unusual; most insurance companies have similar provisions. But Medicare is especially difficult to deal with. They are underfunded and understaffed, and it can literally take months (and sometimes even years) to get them to tell us how much the client owes. Then we have to spend more time going over the claim to make sure the amount Medicare requests only includes care related to the wreck or accident, and then we have to spend more time negotiating a final payment amount. And while you would think that Medicare and the federal government would want to rush to take our payments, that's not the case.

So if you are a potential client and have Medicare, please understand that we'll work hard to get your case resolved (whether through settlement or trial), but that won't be the end of the waiting game.

And for the record, this entire post has been done while I was on hold with Medicare.

Originally posted at InjuryBoard by Brooks Schuelke

Lessons From A Tractor-Trailer Crash -- Be Careful In Construction Zones

Brooks Schuelke — Tue, 04 Aug 2009 12:27:15 GMT

Yesterday, a horrific tractor-trailer wreck occurred in North Texas when an eighteen wheeler slammed into the back of traffic stopped on Interstate 35 near the Texas-Oklahoma border. Tragically, three people (Anthony and Kimberly Brandon of Bedford, Texas and Darryl Hoosier of La.) were killed in the wreck. The Brandon's vehicle exploded on impact. Mr. Hoosier was killed as the eighteen wheeler, driven by James Crayton, of Dallas, pushed Mr. Hoosier's vehicle into another tractor-trailer that was in front of Mr. Hoosier.

What lessons can we learn from this? The Cooke County Sheriff investigating the case noted that this is the second fatal collision at this construction zone this month. And the wreck is not unique. Auto accidents in construction zones are becoming more and more frequent, and are killing more motorists. It is critical that people are aware of the risks and start paying attention. As the Texas Department of Transportation says:

Just why are there so many wrecks? Speeding is one reason. However, our contractors and maintenance crews say people not paying attention to their driving is probably the biggest reason for wrecks. Situations and circumstances are always changing in work zones. Lanes narrow and traffic often slows down to much lower speeds. In fact, one out of every three work zone wrecks involve rear-ended crashes. There's a good chance you'll run across a construction zone the next time you hit the highway. Remember to slow down, pay attention, and give some space to the car in front of you.

Given the facts of this wreck, it's clear to me that the driver of the tractor-trailer was distracted by something; you don't just hit someone full speed if you're paying attention to the roadway. This is speculation on my part, but from working trucking cases, I'm guessing the driver was either over-worked or using a cell phone, for talking or texting.

Whatever the cause of the wreck, I hope the families involved find some peace somewhere. These are the types of tragedies that should never occur.

Originally posted at InjuryBoard by Brooks Schuelke

Amen! New Legislation Seeks To End Chiropractic Solicitation Of Car Wreck Victims

Brooks Schuelke — Mon, 29 Jun 2009 09:04:41 GMT

I’ve previously written about the problem with chiropractors soliciting car wreck victims and then directing the clients to attorneys, many of whom provide questionable representation. In the 2007 legislative session, the Texas Trial Lawyers Association (our state-wide group of plaintiff’s attorneys) and others joined to try and pass a bill that limited the ability of chiropractors to solicit victims. The bill passed both the House and the Senate by almost unanimous margins only to be vetoed by Governor Perry. At the time, I had some harsh words for Perry.

But now, it’s time to give Perry his due. During the last session, the House and Senate passed HB 148, which amended the barratry statute that already applied to lawyers and now makes it illegal for chiropractors to solicit car wreck or other accident victims in person or by telephone until the 31^st day after an accident. Governor Perry signed the bill into law on June 19, 2009, and it will go into effect on September 1, 2009.

With any luck, this new legislation will at least minimize the improper case running that has been going on.

Originally posted at InjuryBoard by Brooks Schuelke

Scaffold Collapse At Austin's 21 Rio Condo Project Demonstrates The Need For Fall Safety Systems

Brooks Schuelke — Wed, 10 Jun 2009 17:53:36 GMT

KXAN is reporting that a scaffold collapsed at the construction site of the 21 Rio condos in Austin (near the UT campus). All three people on the scaffold were killed.

This incident is another reminder of the critical nature of fall safety systems. Almost a year ago, in the wake of a Washington, DC construction death, I had a post detailing the need for fall safety systems in general, and scaffolding systems in particular.

OSHA has several requirements for scaffolding safety. Initially, it is critical that the scaffolding be constructed properly. OSHA has very detailed requirements for the construction of scaffolds. These requirements include:

each scaffold and scaffold components must be capable of support four times the maximum intended load on the scaffold
any suspension ropes must be capable of supporting at least six times the maximum intended load
the working levels must be properly planked and decked
scaffold components manufactured by different manufacturers must not be intermixed unless the components "fit together without force" and the structural integrity is maintained
supported scaffolds (as opposed to scaffolds suspended from the roof) must be plumb and braced to prevent swaying
for suspended scaffolds, there must be a normal operating brake and an emergency brake or locking pawl that automatically engages when there is an instantaneous change in momentum or an accelerated overspeed

In addition, OSHA has specific guidelines for fall safety systems, which includes a requirement that each employee on a walking/working surface with an unprotected side or edge which is more than six feet above a lower level must be protected by a guardrail system, safety net system or personal fall arrest system. The OSHA rules also specific requirements governing the guardail, safety net and personal fall arrest systems.

It is critical that contractors and subcontractors follow these requirements. Scaffolding accidents and falls almost always result in serious accidents. Thus, following these requirements is critical.

Originally posted at InjuryBoard by Brooks Schuelke

Reduce Car Wrecks By Raising The Driving Age?

Brooks Schuelke — Tue, 09 Sep 2008 09:32:40 GMT

It is undisputed that driving safety is an issue for teenage drivers. More than 5,000 U.S. teens die each year in auto accidents, and the rate of crashes for teens is almost 10 times the rate for drivers aged 30 to 59. But what do we do about it?

The Insurance Institute for Highway Safety, a research group funded by the auto insurance industry, intends to present a proposal today to raise the driving age from 16 to 17 or even 18. The president of the association knows that it's a tough sell, but noted that car wrecks are the leading cause of death among teenagers.

The industry point to New Jersey, the only state with a 17 year old driving age, for support. Various studies have shown that the overall rate of teens killed in New Jersey has been much lower than in nearby states.

But not everyone agrees with the proposal. Many teens are obviously against it, as are some parents, who also enjoy their teens new freedom. And even safety experts wonder if this focus will take focus off other driving dangers, such as drunk driving.

So readers, what are your thoughts on the proposal?

Originally posted at InjuryBoard by Brooks Schuelke

Vehicle Dangers --- Watch Out For Ryder, U-Haul and Others

Brooks Schuelke — Thu, 12 Jun 2008 08:05:00 GMT

As leases end, jobs move, and graduates go on to college, we’ve probably all used a moving truck at least once in our lifetime. No doubt you’ve seen a Ryder or Budget truck pulling up to the house next door or sat next to a U-Haul in traffic. So imagine my surprise when I read the headline,“Jury Awards $84 Million to Man Injured by U-Haul Truck.” Talmadge Waldrip was injured while helping his daughter move when his rented U-Haul truck rolled over him and crushed his bladder and pelvis. Turns out the truck had a faulty emergency brake and worn-down gears that allowed it to roll backward, despite being in the ‘park’ position.

The case sheds light on the frightening reality that rented vehicles are not as safe as we assume. Take it from one family who rented a Ryder truckto move from Arizona to California. While on the road, they discovered the truck did not shift gears. After roadside assistance checked the vehicle, it was discovered that Ryder had wrongfully put formaldehyde where the transmission fluid should have been. Furthermore, an agent of Ryder admitted that the particular truck the family rented wasn’t even supposed to be on the road. I wonder how many rented vehicles drive next to me on the highway that shouldn’t be there in the first place.

Not too long ago the Los Angeles Times wrote a three-part series on U-Haul, examining the lack of equipment maintenance and the resulting rise in litigation. (See Part 1, Part 2, and Part 3.) The Times points out that U-Haul, the nation’s largest company of do-it-yourself moving, maintains a fleet of more than 200,000 vehicles. An investigation found that many of the trucks are old and have mileage surpassing 100,000 miles. Employees admitted that basic safety checks are often omitted in order to get trucks quickly to the customer and back on the road. In addition, court records and interviews found that U-Haul mechanics have occasionally falsified repair records to list unperformed work.

But it’s not just the trucks that may cause injuries; the trailers are dangerous, as well. While trailers rarely require mechanical maintenance, they should come with warnings on usage. If not hauled by a proper vehicle, rented trailers can often cause the towing vehicle to overturn. The problem stems from the 1:1 weight ratio between the towing vehicle and trailer. For a safe tow, the ratio must be at least 2:1. The company doesn’t warn customers that SUVs do not satisfy this weight ratio because SUVs utilize only four wheels as opposed to the recommended six. In many lawsuits, the trailer began to sway side to side when going down a slight incline. Eventually, the swaying gains enough energy to overpower the SUV, causing the driver to lose control and rollover. Such was the case with then 19-year old Marissa Sternberg, who was relocating to Denver for vet school when her trailer led to her SUV rolling over five times. As a result, Marissa suffered traumatic brain injury and was left with no locomotive ability.

Although U-Haul has tightened its regulation of vehicle inspections, it is not an end all to the danger. There are several companies that offer similar service with comparable problems of maintenance and design defects. Rental vehicles (including vans, cars, RVs) and trailers travel far and wide, seeing many miles of states. But how often do they see the maintenance shop? Remember that the next time you think about renting a car to take a weekend trip with the family. Gas prices might not be the only thing that keeps you home.

Originally posted at InjuryBoard by Brooks Schuelke

Bicycle Accidents and Head Injuries Are In The News Again

Brooks Schuelke — Thu, 29 May 2008 10:30:00 GMT

Yesterday, I reported that a city-led task force has made recommendations designed to decrease the number of bicycle accidents in Austin. Now, preliminary results of a new study were released by the University Medical Center at Brackenridge, and the report is once again putting the spotlight on bicycle accidents, particularly those that result in head injuries.

The study was reported on by at least two Austin news outlets, and each have a different emphasis. Last night, local television station KXAN ran a story that suggested that advocates will use the results of the study to push for a new law mandating bicycle helmets. The study confirms other studies that find head injuries are a frequent result of bike accidents and that helmets could prevent between 45 and 88 percent of bicycle-related head injuries.

A story in this morning's Austin American Statesman focuses on the study's findings regarding bicyclists who drive while intoxicated. The study found that an astounding 40 percent of the injured who reported to the hospital for bicycle accidents had been drinking. The intoxicated were also much less likely to have been wearing helmets and three times as likely to have suffered head injuries.

For more information on bicycle and helmet safety, please read resources from:

The Mayo Clinic

The National Highway Transportation Safety Administration

The Center for the Advancement of Health

Consumer Affairs --- Bike Helmet Laws Reduce Injuries

Originally posted at InjuryBoard by Brooks Schuelke