All posts by Donald J. Winder, Esq. Winder

Are trucking companies encouraging drivers to ignore federal rules?

According to the National Highway Traffic Safety Administration, more than 100,000 crashes, 40,000 injuries and 1,550 fatalities are caused by drowsy driving each year, making it one of the leading causes of crashes and fatalities. However, research indicates that these numbers are too low because there is rarely a way to identify sleepiness or fatigue as the cause of a trucking accident. The U.S. Department of Transportation states that 13 percent of all truck crashes may be fatigue related.

To lower the risks associated with long hours behind the wheel and insufficient rest periods, last year the Federal Motor Carrier Safety Administration (FMCSA) put a law into effect lowering the number of hours a trucker may work in a week. After reaching 70 hours, a driver must have a 34-hour rest period. In addition, drivers are limited to 11 hours on the road each day with a 30-minute break. At least two rest periods must be taken during the week between 1 a.m. and 5 a.m. The law has had much opposition from trucking companies.

 

Companies oppose shorter workweeks

The law created a detrimental effect on the trucking industry’s profits. Companies immediately had a 15 percent loss on the amount of man-hours their employees could provide. Representatives from many companies have argued that these laws reduce productivity and increase traffic during peak hours, raising the risk of a trucking accident increase while reducing the flexibility they and their drivers need to succeed. Industry leaders also contend that federal sleep rules are impractical, and that drivers cannot be forced to rest at certain times.

While the law is an attempt to improve traffic safety and the health of truckers, it is effectively reducing the amount of money they can earn, opponents say. Most companies pay their drivers by the mile rather than the hour, placing the burden of road delays on the employees. Even when the employer policy follows the letter of the law, the pay schedule discourages drivers from following it.

 

Employers pressure lawmakers to disregard safety risks

The unpopularity of the law has led to a proposal currently under consideration that would put a hold on the 34-hour rest period. If this rider goes into effect, truckers will be able to work more than 82 hours per week again, even though studies have confirmed that safety is compromised when truckers drive at night and take only one night of recovery per week.

Employers who pressure drivers to break the law may be held responsible if there is proof that a trucker’s fatigue caused a trucking accident. A victim of a motor vehicle crash often sustains a whiplash injury, even in minor crashes. A personal injury attorney can work to hold all responsible parties accountable.

Car accidents and falls listed in top 3 causes of brain injuries in U.S.

About 30 percent of all injury deaths in the United States are the result of brain injuries, and they are also a major contributor to disability. A traumatic brain injury (TBI) is a disruption of normal brain function caused by a bump, blow or jolt to the head, or any force penetrating or fracturing the skull. According to the Centers for Disease Control and Prevention, falls and motor vehicle crashes account for nearly 55 percent of all TBIs.

Slip-and-fall accidents account for more than 8 million injuries each year, including broken bones, sprains and back and head injuries. Brain injuries from car accidents are also common. Even when there is no direct contact with an object such as the steering wheel or a window, the force of the collision can cause the brain to bounce against the inside of the skull. This can bruise the ¬brain or cause bleeding beneath the skull. A brain injury attorney is familiar with the many types of liability associated with falls and motor vehicle crashes.

 

Symptoms of traumatic brain injuries may be delayed

Personality changes and damaged mental functions are common after a brain injury, and these and other health problems may or may not be immediately obvious. After any head trauma, it is important to seek medical attention, even if there do not appear to be any symptoms. A brain injury attorney typically advises against assuming that there will be no repercussions from the accident. Poor memory, headaches or interrupted sleep patterns may appear days or weeks later. Whenever the damage manifests, it is frequently of a serious nature.

 

Every head injury requires unique treatment

In severe circumstances, doctors may perform surgery to repair bruises or tearing of the brain tissue, or to relieve bleeding beneath the skull. To treat personality changes and decreased physical capacity, physical and occupational therapy are often prescribed in the short or long term to help a patient relearn skills such as walking, talking or problem-solving. Counseling often helps victims to develop coping skills for difficult emotions.

Head trauma frequently causes on-going health needs that affect family and community members. Victims of brain trauma because of another’s negligence or careless actions should contact a brain injury attorney right away. The potential for ongoing treatment and medical expense is high, the symptoms are often delayed, and many states have a statute of limitations for filing a lawsuit. Fault is often difficult to establish, but an experienced lawyer may be able to help gather the evidence necessary to receive compensation that prevents expenses from causing financial devastation.

Medical misdiagnosis a real and serious problem

When a physician considers symptoms and arrives at the wrong conclusion due to faulty medical test data, incomplete information from the patient or the doctor’s own lack of knowledge, the result is a diagnostic error. According to the National Center for Policy Analysis, misdiagnosis accounts for roughly 10 to 20 percent of medical errors, even though other less common mistakes such as drug or surgical errors receive more media attention.

Medical malpractice lawyers warn that diagnostic mistakes are often life threatening, and many result in delayed treatment, permanent disabilities and fatalities. A study published in the journal BMJ Quality & Safety estimated that roughly 40,500 fatal diagnostic errors occur in United States intensive care units each year.

 

Lack of evidence makes prevention difficult

Incorrect diagnoses are not new. A 1991 Harvard University study discovered that 14 percent of all adverse medical events were caused by the wrong diagnosis, and 75 percent of these medical mistakes were the result of negligence. The prevalence of these errors has not resulted in any solutions, and they continue to be ignored by the majority of the health care community. In fact, in a landmark study on medical errors reported by the Institute of Medicine in 1999, misdiagnoses were mentioned only twice.

Researchers say that a large part of the problem is the difficulty gathering data. Diagnosing a health problem is complex, and physicians often never learn that an error has been made because many people seek a second opinion or do not discover the problem until much later. Medical malpractice lawyers understand that the lack of accurate reporting makes it impossible for studies to discover a truly relevant number. Even when an individual’s case is not formally reported, there are personal injury cases action that may be taken.

 

Physicians rarely admit mistakes

Doctor error is often seen as a personal failure, leading many health care providers to avoid reporting mistakes, even when they are able to do so anonymously. Overconfidence may be another contributing factor to misdiagnosis. In a recent survey of more than 6,000 doctors, 96 percent said they believe diagnostic errors are preventable, and nearly half of them claimed to encounter at least one every month. However, while doctors admit that errors are plentiful, most believe other medical professionals are to blame for the high statistics.

Medical malpractice lawyers state that health care litigation most often focuses on diagnostic errors, but based on the statistics, most errors are never addressed with legal action. A patient who believes a health problem has been caused or exacerbated by a misdiagnosis should seek the advice of an attorney who has experience with medical malpractice and may be able to help determine whether legal action is feasible.