Archive for the ‘Personal Injury’ Category

Motor vehicle crashes and falls cause most of the unintentional child and teen injuries and deaths

Sunday, February 1st, 2009

Motor vehicle crashes and falls cause most of the unintentional child and teen injuries and deaths in the United States, a new government report shows.

From 2001 to 2006, about 55 million children and teens (9.2 million a year) were treated at emergency departments for unintentional injuries, say researchers from the U.S. Centers for Disease Control and Prevention. Falls caused the majority of non-fatal injuries (about 2.8 million a year), while most deaths were transportation-related — about 8,000 deaths a year involved a motor vehicle occupant, pedestrian or cyclist.

The report said falls were associated with more than half of nonfatal injuries involving children younger than 1, while transportation-related injuries and deaths were highest among teens aged 15 to 19.

Among the other key findings in the report:

  • On average, 12,175 children aged 0 to 19 years died each year in the United States from an unintentional injury.
  • Overall, the highest fatality rates were among occupants of motor vehicles.
  • The leading causes of injury death differed by age group. For children younger than 1, two-thirds of injury deaths were due to suffocation. Drowning was the leading cause of injury death for those aged 1 to 4. For children aged 5 to 19, the majority of injury deaths were due to being an occupant in a motor vehicle traffic crash.
  • Children aged 1 to 4 had the highest nonfatal injury rates due to poisoning and falls.
  • Males were nearly twice as likely as females to die as a result of unintentional injuries.
  • Risk for injury death varied by race, with the highest rates among American Indian and Alaska Natives and the lowest rates among Asians or Pacific Islanders. Overall death rates for whites and blacks were similar.
  • Injury death rates varied by state, depending upon the cause of death. Northeastern states had the lowest overall injury death rates. Fire and burn death rates were highest in some of the southern states. Death rates from transportation-related injuries were highest in some southern states and some states of the upper plains and lowest in states in the northeast region.
  • Five causes accounted for the majority of nonfatal injuries. Falls was the leading cause of nonfatal injury for all age groups younger than 15. For children aged 0 to 9, the next two leading causes were being struck by or against an object and animal bites or insect stings. For children aged 10 to 14, the next leading causes were being struck by or against an object and overexertion. For children aged 15 to 19, the three leading causes of nonfatal injuries were being struck by or against an object, falls and motor vehicle occupant injuries.

The CDC report was released to coincide with the launch of the 2008 World Report on Child Injury Prevention by the World Health Organization and the United Nations Children’s Fund (UNICEF).

“Injuries are among the most under-recognized public health problems facing the United States today,” Grant Baldwin, director of the CDC’s Division of Unintentional Injury Prevention, wrote in the report’s foreword.

“About 20 children die every day from a preventable injury — more than die from all diseases combined. Injuries requiring medical attention or resulting in restricted activity affect approximately 20 million children and adolescents and cost $17 billion annually in medical costs,” Baldwin wrote. “Today, we recognize that these injuries, like the diseases that once killed children, are predictable, preventable and controllable.”

“Injury risks change as our children grow and we want them to be appropriately protected as they develop. We encourage parents to be vigilant and to understand that there are proven ways to help reduce injuries at each life stage,” Dr. Ileana Arias, director of CDC’s Injury Center, said in an agency news release.

Source: National Institutes of Health

Cell phones and Driving

Saturday, January 31st, 2009
Q.  Does cell phone use while driving cause traffic crashes?  

A.  Research shows that driving while using a cell phone can pose a serious cognitive distraction and degrade driver performance.  The data are insufficient to quantify crashes caused by cell phone use specifically, but NHTSA estimates that driver distraction from all sources contributes to 25 percent of all police-reported traffic crashes.

Q.  Is it safe to use hands-free (headset, speakerphone, or other device) cell phones while driving?

A.   The available research indicates that whether it is a hands-free or hand-held cell phone, the cognitive distraction is significant enough to degrade a driver’s performance.  This can cause a driver to miss key visual and audio cues needed to avoid a crash.

Q.  In an emergency should I use my cell phone while driving?

A.  As a general rule, drivers should make every effort to move to a safe place off of the road before using a cell phone.  However, in emergency situations a driver must use their judgment regarding the urgency of the situation and the necessity to use a cell phone while driving.

Q.  Is NHTSA conducting further research to better quantify the safety impact of using cell phones while driving? 

A.  NHTSA is conducting research projects on driver cell phone use and will continue to monitor the research of others on this subject.  As we learn more about the impact of cell phone use on driver performance and crash risk, and as wireless technologies evolve and expand, NHTSA will make its findings public.

Q. Is talking on a cell phone any worse than having a conversation with someone in the car?

A. Any activity a driver engages while driving has the potential to distract the driver from the primary task of driving.  Some research findings comparing cell phone use to passenger conversations while driving, show each to be equally risky, while others show cell phone use to be more risky.  A significant difference between the two is the fact that a passenger can monitor the driving situation along with the driver and pause for, or alert the driver to, potential hazards, whereas a person on the other end of the phone line is unaware of the roadway situation. 

Q.  What do the studies say about the relative risk of cell phone use when compared to other tasks like eating or drinking?

A.  The current research does not provide a definitive answer as to which behavior is riskier.  In a controlled study, comparing eating and operating a voice-activated cell phone to continuously operating a CD player, it was found that the CD player operation was more distracting than the other activities.  In a test track study conducted by NHTSA, the results showed that manual dialing was about as distracting as grooming/eating, but less distracting than reading or changing CDs.  It is also important to keep in mind that some activities are carried out more frequently and for longer periods of time and may result in greater risk.

SOURCE: National Highway Traffic Safety Administration  

Uninsured/Underinsured Motorist Coverage in times of recession – Part 2

Tuesday, January 27th, 2009

The real reason to have uninsured/underinsured motorist coverage is to protect yourself, your family, and your passengers in the event that you are injured by someone who either doesn’t have any insurance or doesn’t have enough insurance to cover your damages. Should the responsible driver not have any automobile insurance coverage whatsoever, you might very well be limited to the limits of your own policy. 

Consider if you are involved in an accident with an uninsured driver. Should you have tried to save a few bucks, as many people do, and purchased a minimum limits policy under Virginia law, you would have only a maximum of $25,000 to cover the all the losses of any one indivdual. If more than one person was injured in the accident there would be a maximum of $50,000 to compensate you and your passengers. It is all too easy to think of situations where limits of $25,000/$50,000 would be woefully inadequate. In times of recession, people might just miss that car insurance bill, or put off paying it, for any number of reasons. With an expected increase uninsured drivers on our roads, it makes complete sense to revisit your unisured/underinsured automobile insurance limits. 

In Virginia, every driver receives uninsured/underinsured motorist coverage with the same limits as the liability limits. You can always ask for more coverage, but that is entirely up to you. If the idea is to fully protect your family, you would want the highest limits your automobile insurance carrier offers.Automobile insurance carriers offer different maximums. Some insurers will offer a one Million single limit policy. Other insurance carriers might max out at $500,000.00. It makes absolute sense to get the highest uninsured/underinsured motorist coverage available.  The cost is not prohibitive, and the peace of mind that you receive by purchasing higher limits is worth the cost.

Uninsured/Underinsured Motorist Coverage in times of Recession-Part 1

Saturday, January 24th, 2009

Many times I have been told by clients that they don’t want to involve their own personal automobile insurance policy in connection with their recent car accident. I usually hear something like “I shouldn’t be forced to use my own insurance because of someone else’s negligence” or “Why should my insurance be forced to fix my car when its the other guy’s fault”. While it is understandable that people don’t want to risk having their insurance rates go up, there are many situations where using your own insurance is no longer a choice, but a necessity.

The common understanding regarding automobile insurance is that it is there to pay others in the event that you cause injury due to your negligence. Personal automobile insurance in Virginia provides for minimum liability coverage limits of $25,000/$50,000.

This minimum limit means that your personal automobile insurance carrier will pay a maximum of $25,000 per person, and $50,000 per accident for injuries arising from any one accident. In the event you injure someone as a result of your negligence, the other person will receive a maximum of $25,000 from your personal automobile liability insurance, and not a penny more. However, there are many situations where $25,000/$50,000 in coverage is wholly insufficient.

Consider the following: You to hit another car with 5 occupants, and severely injure all 5 people. Because of your low limits of liability coverage, each person receives a maximum of $5,000 each, despite the severity of their injuries. I have seen too many cases over the years where unfortunately there wasn’t enough insurance coverage to pay for otherwise serious injuries.

In the event there was an accident where someone died, the surviving family members would be able to recover a maximum of $25,000 from your insurance. How would you feel if a family member died as a result of someone else’s negligence, and the maximum recoverable from the insurance was only $25,000.

The real problem arises when the injured party, not satisfied with the low insurance payout, begins to take steps to collect money directly from you. Your life savings could be put at risk all because you tried to save a few bucks paying a little less in auto insurance each year. This is generally a bad idea. Having higher limits of liability protects your assets in the event you have a claim where you might be held at fault for greater than $25,000 minimum limit available to any individual plaintiff. Virginia Liability policies range from 25,000/50,000 to 50,000/100,000, 100/300, 300/500, and 500/1mil. Having high Liability limits in Virginia, by law, also provides you with uninsured/underinsured motorist coverage equal to your liability coverage limits unless you elect otherwise. Having high underinsured motorist coverage limitscasn make the difference between receiving full recovery or receiving only what the defendant has in coverage. In this day and age, you should never rely upon the insurance coverage of someone else to provide you with the benefits you need. You need to protect yourself and your loved ones. One of the eaisiest ways to protect yourself and your family is to purchase high uninsured/underinsured motorist coverage. Continued in Part 2.

Uninsured Motorists- About one in six drivers in the U.S. might be driving without insurance by 2010

Thursday, January 22nd, 2009

What happens if the person who injures you in a car accident has no insurance. Unfortunately, our sagging economy affects whether drivers can afford insurance, and causes some to allow their personal automobile insurance to lapse. Consider the following:

About one in six drivers in the U.S. might be driving without insurance by 2010, according to a recent study.

The estimated percentage of uninsured motorists decreased to 13.8 percent in 2007 from 14.9 percent in 2003, but it’s expected to sharply increase because of the recession, the Malvern, Penn.-based Insurance Research Council reported Wednesday.

The council estimated the number of uninsured motorists by using a ratio of insurance claims made by people injured by uninsured drivers to claims by people injured by insured drivers.

An increase of 1 percent in the unemployment rate is associated with an increase of nearly three-quarters of a percent in the uninsured motorist rate, the council reported. The council expects the rate to rise from 13.8 percent in 2007 to 16.1 percent in 2010.

How do you protect yourself and your family from uninsured drivers? The answer is relatively simple. When you purchase or renew your personal automobile insurance policy, consider your uninsured/underinsured insurance limits. You should make sure that you have enough of this coverage to cover you and your loved ones in the event of an accident.

Fatalities on Virginia Roads -2007

Saturday, January 17th, 2009

Don’t become a statistic. Consider these facts, and take action to keep yourself safe.

  • Check your tires. The number one defect which contributed to fatalities on Virginia roads in 2007 was defects in the tires. Too many people do not pay attention to the tread on their tires. Considering that over two deaths per month on Virginia roads in 2007, it would be a good idea to periodically check your tires. Both under-inflation and over-inflation can cause a tire to lose its ability to grip the road as it was designed. Tires that are bald are dangerous and should be replaced. Any physical damage to the sidewall of the tire could contribute to causing an accident or worse. Pay attention to your tires and avoid becoming a just another statistic.
     
  • Slow down. The amount of time that can be gained by speeding is negligible. You might that you’re making up lost time as you speed on the roads, but you are putting yourself needlessly at risk. The number one factor contributing to Virginia fatalities in 2007 was speed. Fully 13% of all deaths on Virginia roads were caused by excessive speed. 
     
  • Stay in the right hand lane, and yield to other drivers. The second and third most common driver errors contributing to deaths on Virginia roads in 2007 were driving to the left of center line,and failing to yield. If you can drive in the right hand lane, do so. Let other cars pass and turn in front of yours. Stay safe.
     
  • Don’t drive when you are tired. There were 38 deaths on Virginia roads in 2007 caused by drivers who were either fatigued, or asleep. Over three people per month died becase they should have been sleeping instead of driving. If your tired or sleepy, pull over and get some rest, your life may depend on it.
     
  • Don’t drink and drive. Common sense. There were 82 deaths on Virginia roads in 2007 related to drinking and driving. If you must drink, do it at home and stay there. Use a designated driver, or call a taxi. It makes no sense to drink and drive.
     
  • Slow down in bad weather. It was raining during 66 Virginia traffic accident fatalities in 2007. 
     
  • Do not try to pass in a no passing zone. 19% of all Virginia vehicle fatalities occurred a driver was trying to pass another car in a no passing zone. 177 persons were killed as a result of someone who couldn’t wait, or thought the car in front was driving too slow.  No passing zones are there for a reason. Please obey the Virginia traffic laws and keep yourself and your family safe.

Source: 2007 Virginia Traffic Crash Facts: Virginia Department of Motor Vehicles

2007 Virginia Car Accident Facts

Saturday, January 17th, 2009

2007 VIRGINIA TRAFFIC ACCIDENT FACTS

  • 1,626 persons were killed on Virginia roads in 2007, the last year with available statistics according to the Virginia Department of Motor Vehicles. That number represents a 6.76% increase from 2006.
  • While the number of deaths on Virginia roads increased in 2007, there were 68,822 injury accidents which represents 6.17% decrease in the number of injury accidents from 2006
  • There were 145,405 traffic accidents in Virginia in 2007, which represents a 4.14% decrease from 2006.
  • In all of Virginia, there were 378 persons needlessly killed in alcohol related crashes, a 1.07% increase from the prior year.
  • There were 7,130 persons injured in alcohol related crashes, which represents a 5.48% decrease from 2006.
  • 30 Virginia teenagers were killed in alcohol related accidents, representing approx. 3% of all Virginia traffic fatalities.
  • 759 Virginia teenagers were injured in alcohol related accidents.
  • In Virginia statewide for all of 2006, 25,243 persons were tested with a blood alcohol content of (BAC) of.08 percent or greater. This represents a 1.27% increase from the prior year. The average BAC of tested drinking drivers was .1407. Approximately 80% of of those drunk drivers were male.
  • In Virginia in 2006, 28,787 persons were convicted of DWI/DUI, a 2.73% decrease from 2006.
  • October 2007 was  the most dangerous month on Virginia roadways with the highest number of accidents (14,147), and the highest number of fatal crashes.
  • December 2007 was the most dangerous month of the year on Virginia roads with 1,079 alcohol related accidents. There were more alcohol related fatalities in September than in any other month in Virginia in 2007.
  • In Virginia there is on average one accident every 3.61 minutes. One driver out of approximately 20 is involved in a car accident each year. Roughly 3 lives are lost per day because of traffic crashes. 189 persons are injured per day as a result of traffic crashes.

Source: 2007 Virginia Traffic Crash Facts, Virginia Department of  Motor Vehicles.

Virginia Motorcycle Accident Facts

Wednesday, January 14th, 2009
  • In 2007, roughly 12% of all motor vehicle fatalities statewide were motorcycle accidents. Motorcycles represent 3.3% of all traffic injuries.
  • There were 2,601 motorcycle accidents in 2007, 126 of those were fatal accidents or 13.4 percent of all motorcycle accidents.
  • In 2007, there were 165,584 motorcycles registered in Virginia with 1.6 percent of those involved in accidents.
  • Of the reported accidents, the number one driver action contributing to an accident was driving too fast.
  • The second most common driver action contributing to the accident was following to close.
  • The age group of motorcyclists who were most likely to be involved in a motorcycle accident was between 21 and 25 years old.
  • Roughly 90% of all motorcyclists involved in accidents were males.
  • 73% of all motorcycle accidents occurred during daylight hours.

Fairfax County leads the State in Car Accident Deaths

Wednesday, January 14th, 2009

In 2007, there were 53 car accident fatalities in Fairfax County. There were more car accident fatalities in Fairfax County than any other County in Virginia. While the number of deaths on Fairfax County roads far exceeded all other the other Virginia Counties, the death rate per licensed drivers was  among the lowest in the state. The death rate per 1,000 Virginia licensed drivers was the second lowest in the state, with a death rate of 0.07.

The County with the lowest death rate per 1000 licensed drivers is Arlington County with a death rate of 0.04 per 1000 licensed Virginia drivers. With over 746,000 licensed drivers, Fairfax County is one of the most congested counties in the Commonwealth. The sheer volume of traffic causes the death rate to be so high. However, as a consequence of the number of drivers, our traffic is much more highly regulated than other counties. The Virginia County with dubious honor of having highest death rate per 1000 licensed drivers is Highland County, West of Charlottesville, bordering West Virginia. Highland County, with roughly 2000 licensed drivers, has a death rate of 1.46 per 1000 drivers. You might think that the road were safer in the hills and mountains of Virginia, but you would be sadly mistaken.

Fairfax Car Accident Lawyers – Fairfax Car Accident Statistics

Friday, January 9th, 2009

In 2007, the County of Fairfax saw 17,152 car accidents, with 53 fatalities. Of those car accidents, 8,019 were accidents involving injuries.  1051of those car crashes involved alcohol. 648 persons were injured in the alcohol related accidents, and there were 22 alcohol related deaths. Considering that there were over eight thousand injury accidents, there was a large need for Fairfax Car Accident Lawyers to represent those injured.

These statistics for Car Accidents in the County of Fairfax can be compared with prior years as The Virginia Department of Motor Vehicles releases their annual statistics for Car Accidents throughout the Commonwealth.

Motor Vehicle traffic is highly regulated in the County of Fairfax, and yet the number of accidents seems to be on the rise. Perhaps this has been caused by the large construction projects on the Capitol Beltway (I-495) , or perhaps due to the ever increasing congestion in Northern Virginia. Unfortunately the official State statistics do not show the locations of the Fairfax County car accidents.

All told there were 1,403 injury accidents within the City of Alexandria.  Considering the difficulties in obtaining fair compensation from large insurance companies, it is always best to retain an experienced lawyer to represent your interests. Attached are the latest 2007 Fairfax County Car Accident statistics from the Virginia Department of Motor Vehicles. 2007-fairfax-county-car-accident-statistics