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Text Messaging An Increasing Cause of Auto Accidents

Brooks Schuelke — Wed, 05 Mar 2008 08:04:01 GMT

There have been numerous stories lately emphasizing that text messaging while driving (an increasingly frequent occurrence) significantly increases the risk of auto accidents. For example, one study finds that a person texting while driving is six times more likely to be involved in a car wreck. And one study finds that texting is the number one distraction for teen drivers.

But statistics are often abstract and don't do a good job of driving a point home. However, two recent stories might help emphasize the dangers of texting while driving. First, a December trial highlighted the dangers of being in a car wreck while texting. A Massachusetts man is on trial after killing a teen on a bike while the man was driving and typing a text message. The driver thought he hit a mailbox and didn't realize his SUV had struck the boy unitl he drove back down the street several hours later to go to work.

And at the end of February, Missouri television station KSPR put the studies to the test and asked teen drivers to drive through a closed course while text messaging. The video and responses are priceless.

And if these two concrete stories don't help convince you to not text message while driving, perhaps the story of the driver who was texting and crashed into a patrol car will.

Originally posted at InjuryBoard by Brooks Schuelke

Text Messaging While Driving Is More Dangerous Than DUI

Brooks Schuelke — Thu, 18 Sep 2008 15:51:10 GMT

In the wake of revelations that the Metrolink train engineer involved in the deadly collision near Los Angeles was texting while driving his train, a new British study has concluded that texting while driving is more dangerous than driving under the influence of alcohol or marijuana.

The study, performed by the Transport Research Laboratory, found that reaction time was worse for those texting than those under the influence of alcohol or marijuana, that steering control was far worsened by texting than by driving under the influence, and that texters were much more likely to be traveling too closely behind other cars.

One of the main researchers on the study noted:

When texting, drivers are distracted by taking their hand off the wheel to use their phone, by trying to read small text on the phone display, and by thinking about how to write their message. This combination of factors resulted in the impairments to reaction time and vehicle control that place the driver at a greater risk than having consumed alcohol to the legal limit for driving.

Despite these findings, few states have regulations on texting while driving. Only Alaska, Washington, Louisiana, Minnesota, and New Jersey have full bans on texting while driving. Twelve other states have partial bans (such as limits for those under the age of 18).

If you are interested in this topic, I have a previous blog post with numerous links to articles about text messaging while driving.

Originally posted at InjuryBoard by Brooks Schuelke

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

Texas Considers Mandating Usage Of Car Booster Seats

Brooks Schuelke — Tue, 12 May 2009 11:29:38 GMT

This is a fairly common conversation at my house:

Kid -- Do I have to use my booster seat?

Me -- Yes.

Kid -- But _________ doesn't use a booster seat.

Me -- I must love you more than ___________'s parents love him or her.

The fact of the matter is that usage of a car booster seat is critical for the safety of our young children. Most car seats are designed to work for adults. If a child is using a seat belt without a booster seat then the seat belt won't fit properly. If a serious wreck occurs, then the belt likely won't restrain the child, resulting in serious injury. And even if the child remains restrained, the improperly fitting seat belt could cause serious injuries to the child's organs.

I originally wrote about these dangers in another post, and I received thanks from a parent in one of the comments. At that time, the parent asked whether this conduct was illegal, and I responded that I would hope that common sense was enough, and I questioned whether we needed a law on this.

The Texas legislature may answer that question for me. Yesterday, the Texas House passed a law that would require all children ages 5 to 8 who are under 4'9" to ride in booster seats. In part of the debate, an official from Dell Children's Hospital noted that usage of booster seats can reduce a child's risk of injury from a wreck by 59%.

I don't know whether it's a good idea to have a new law on this or not, but I do think it's great to have awareness on the issue. The more that the usage of booster seats is discussed in the media, the more parents might keep their kids confined and safe. And that's a good thing, with or without a law.

Originally posted at InjuryBoard by Brooks Schuelke

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

Prevent On The Job Injuries With Fall Protection Systems

Brooks Schuelke — Tue, 22 Jul 2008 09:09:00 GMT

As previously mentioned, the leading cause of death in construction work is falls from elevations. Today, we’re going to take a closer look at the safety systems implemented to help prevent worker falls. (Fellow InjuryBoard blogger, Justin Rogers, also has a series of fall prevention blogs.) When workers at construction sites are exposed to vertical drops of at least 6 feet, OSHA requires the use of at least one of the following: guardrail systems, safety net systems, personal fall arrest systems.

Guardrail systems is the first type of protection and may be the most commonly recognized by the general public as they walk past construction sites. If used, guardrails should be placed around the hazard area before work begins. When using a guardrail system, OSHA standards must be met. First, the top edge height of the top rails must be between 39 and 45 inches above the walking/working level. If there is no wall or other structure of at least 21 inches in height between the top edge and the walking/working surface, then the employer must install midrails, screens, mesh, intermediate vertical members, or other equivalent structures. (This will fill the railing gaps so the worker can’t slide off past the guardrail.) OSHA allows each site to pick the type of guardrails it would like to use, so companies in the business of providing fall protection equipment offer varying types of guardrail systems, such as a roofing guardrail system or portable guard rails. However, each system must be capable of withstanding at least 200 pounds of force applied within 2 inches of the top edge. This force must be withstood in any direction and at any point along the edge. Similarly, if the system has to be supplemented with midrails, screens, mesh, or other structures, these structures must be able to withstand at least 150 pounds of force applied. OSHA does not allow guardrail systems to have rough or jagged surfaces because they could cause punctures, lacerations, or snag clothing. Finally, top rails and midrails cannot overhang the terminal posts.

The next line of protection is safety net systems. Safety nets are installed under the surface on which employees are working. OSHA wants the nets installed as close to the surface as possible. From the outermost point of work area, the nets must extend outward according to the vertical distance from the working level to the horizontal plane of net. Safety nets need to be drop-tested at the construction site by using a 400 pound bag of sand 28-32 inches in diameter. The nets must be able to absorb an impact force equal to the drop test described. Only after the net passes the test can an employer draft a certification record. The most recent certification record must be available at the construction site for inspection. However, safety nets must continue to be inspected for wear and tear or any damage. Additionally, each section of safety net must have a border rope (for webbing) with a minimum breaking strength of 5,000 pounds. The above tips are merely basic OSHA standards; for more precise instructions and regulations, please click here.

Finally, if the first two systems were not implemented, OSHA will allow the use of personal fall arrest systems. There are several components to this third alternative, including: an attachment location, body harness, vertical lifeline/lanyard, webbing, anchorages, horizontal lifeline, and connectors. To use personal fall arrest systems safely, you must limit the maximum arresting force to 1,800 pounds. The system must be rigged so that, upon fall, the employee will not contact any lower level nor free fall more than 6 feet. The employee must be brought to a complete stop upon 3 ½ feet distance. The system itself must be strong enough to withstand twice the potential impact of a worker free falling or the free fall permitted by the system, whichever is less. Systems should be inspected prior to each use. Once the system has been subjected to fall impact, do not use the same equipment. Although OSHA allows a variation of the fall protection systems to be used, an employee should never attach a fall arrest system to a guardrail systems or hoists.

Even though OSHA permits any of the systems to be used, local area zoning or permits may restrict the construction contractor’s choice. Also, OSHA recommends using a guardrail system over the second options because the guardrail system prevents falls which may deter injury. Safety nets and personal fall arrest systems are fall protection systems that will mitigate injury after the worker has already fallen. Either way, utilizing any of these systems will certainly result in a better outcome than using none. And remember, if you’re working near a six foot drop, OSHA mandates system protection use!

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

Costs Up, Access Down, Medical Errors Unabated. Should TX Really Be Our Health Care Model?

Alex Winslow — Tue, 06 Oct 2009 12:14:32 GMT

Health care reform has been dominating the headlines for months now. The special interests headed by the insurance industry are doing everything they can to take advantage of the confusion on Capitol Hill over the direction health care reform should take by trying to infuse anti-patient provisions that are designed to lock patients out of the courthouse into the debate.

This is a tried and true tactic for these interests. I’ve seen it happen in Texas where we have been on the front line of a decades-long struggle to preserve and restore our legal rights.

The insurance interests’ plan is to insert Texas-style, anti-patient provisions in the guise of “reform.” Regardless of the hype coming out of these special interests, policymakers should be wary of using Texas as a model.

When insurance lobbyists in my state rammed through legal changes designed to severely limit the legal rights of Texas patients, we heard high-falutin’ rhetoric promising dramatic improvements in the cost, access, and quality of health care.

What has actually happened?

Texas health care costs have increased faster than the national average
Health insurance premiums for Texas families have jumped 92% since 2000
Texas ranks near the bottom in per-capita physicians
Rural and under-served areas in Texas continue to struggle to attract new physicians
Texas has the nation’s highest rate of uninsured

Hardly a ringing endorsement of Texas as a model for the rest of the country.

Lowering costs for both the overall health system, as well as individual families, is necessary, but it won’t be accomplished by stripping patients of their rights. According to the Congressional Budget Office, the entire cost of the medical liability system accounts for only 1.36% of overall health costs – more a rounding error than a panacea. The focus should be on preventing malpractice, not sweeping it under the rug.

As for costs for families, why would we use Texas as an example when Families USA recently found that since 2000 health insurance premiums for Texas families increased 92% - more than 4.5 times faster than income? This during a period of rising deductibles and falling benefits.

As for access to care, the Census Bureau has reported that with 24.5% of our citizens without health insurance, Texas has the nation’s highest rate of uninsured. Also, the American Medical Association has found that Texas ranks 43^rd in the number of doctors per capita, and that more than half of Texas counties have an acute shortage of primary care physicians.

As proof that under-served areas continue to have trouble attracting new doctors, our Republican legislature, along with Republican governor Rick Perry, were compelled to raise taxes this year to fund projects designed to attract physicians to rural areas. This tax hike came six years after so-called tort “reform” was enacted with the promise of improving access to care.

Finally, there is no doubt that medical facilities are enjoying significant savings because patients harmed by medical negligence have had their rights severely restricted. However, there is no evidence that these savings are being used to lower overall health costs. To the contrary, in the three years after Texas imposed arbitrary restrictions on patients’ access to the courthouse, we have seen overall Medicare spending increase 16% faster than the national average, according to data compiled by the Dartmouth Atlas of Health Care. In fact, 10 of the 15 health markets with the highest Medicare spending per enrollee are in states in which the medical and insurance industries successfully lobbied for severe limits on patient rights. Four of the nation’s most expensive health markets are in Texas.

According to the highly regarded Institute of Medicine report “To Err Is Human,” 98,000 Americans die each year as a result of medical errors, and the CDC has found that another 99,000 Americans succumb to hospital-acquired infections every year. Ending the epidemic of medical errors by preventing these needless deaths is a far better way to reduce health care costs than stripping patients of their legal rights.

The reality is that none of this has been or ever will be fixed by taking away the legal rights of patients. Unless we move beyond the insurance industry’s talking points and enact real reforms that force competition in the insurance market, strengthen safety standards, and restore accountability, we will continue to be plagued by an inadequate healthcare system that does more for insurance companies than it does for patients.

Originally posted at InjuryBoard by Alex Winslow

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

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