Personal Injury Law Blogs

New Research on Dangers of Using Voice Apps While Driving

Approximately 6.1 billion text messages are sent each day, according to Cellular Telecommunications Industry Association statistics. At least half of all drivers have admitted to reading either texts or emails while on the road. Around 30 percent of drivers surveyed have actually admitted to typing a message, according to AAA data. These are dangerous statistics, given that over 3,000 people die as a result of vehicle crashes involving distracted driving.

Voice  Technology

To counter the dangers of texting while driving, new mobile phone voice applications and other products have been developed. For instance, Samsung’s S Voice and Apple’s Siri voice assistant are among the many options for users to speak, rather than type their texts.

Driver Reaction Times

A new study by the Texas A and M Transportation Institute has revealed that reaction times during texting are almost twice as slow as for those who are not texting, regardless of whether using their fingers or their voices. This should come as no surprise, given that using hands free devices in general have not proven to lessen vehicle accidents of those using their cell phones in any capacity.

Testing Mechanics

The Texas A and M study was the first to compare voice texting against traditional texting on handheld devices in actual driving environments. Researchers had 43 participants drive 30 mph without texting on the first round of the exercise. On the second round, each driver sent several texts using their hands. During the third and fourth rounds drivers sent several voice texts on a variety of hand held devices.

During each round, cameras were used to track each driver’s eye gaze. A GPS recorded lane change positioning. The driver response time consisted of measuring how many seconds each driver took to press response buttons after green LED lights flashed on vehicle dashboards.

Test Results

While the drivers reported that using voice to text felt safer, there was little, if any difference in their reaction times as compared to type to text. In fact, researchers were stunned to learn that slower driver response times were actually recorded than for type to text methods. This might be because drivers using voice to text software took longer to complete their texts than when typing them manually.

Distracted Driving and Texting

Essentially, driver reaction times were twice as long as when they were not texting at all, whether it was by typing or by using a voice application. Also, eye to roadway contact decreased substantially in every case of typing or voice texting. According to the website of a highly respected car accident attorney Charlotte NC firm, “Not thinking about the road while driving is called a cognitive distraction that leads to slower reaction times, shorter following distances, and inability to stay in the correct lane.”

While it may seem like using the voice to text application is less distracting than typing, people still need to use their minds to compose their thoughts. One of the biggest concerns is that drivers felt safer using voice to text applications, though their driving performance levels were affected equally. This could easily lead to a false sense of security that texting using spoken commands is safer, when in actuality, it is not.

It is estimated that at least thirty nine states have outlawed type to texting. However, hands free voice to text is still legal in every state. Therefore, the potential to either cause an accident or get involved in an accident with a driver who is texting in any way using a handheld device is just as great ever.

Researcher Shelby Warden shares this article to raise awareness of this new information. The car accident attorney Charlotte NC firm of Auger & Auger has recovered millions in damages for their clients. Their aggressive attorneys treat each client’s case with the importance and passion that it deserves.

E-Prescriptions: Reducing Medication Errors

The digital age has made e-mail and texting the preferred method of written communication. However, one area where handwriting has persisted until recently has been for medical prescriptions. This is very unfortunate, since inappropriate directions and sloppy writing has led to what are known in the medical industry as preventable adverse drug events. While some of these instances are minor, it has still caused problems that have exacerbated a patient’s ills, sometimes even causing their death.

Treatment Delays

One of the more troubling aspects of illegible or confusing written prescriptions is the delay of treatment for many patients. When prescriptions require time to sort them out with providers, the delay can result in patient harm when they are unable to get urgently needed medication. Not are patients inconvenienced, but they are made more vulnerable to further medical complications.

E-Prescriptions

The new technology of e-prescriptions aims to change the estimated 37 errors for each 100 paper prescriptions that regularly occur. Also, these mistakes do not include legibility issues, when pharmacists are unable to read a doctor’s handwriting properly and need to call a medical provider to clarify. Nearly as many as 88 legibility errors per 100 prescriptions are estimated and many prescriptions have over one mistake.

This is a stark contrast to the 7 out of 100 errors for prescriptions issued through e-prescribing software. Studies have shown that errors are far less likely to occur when doctors click to select medications from onscreen lists and send prescription data through a computer to a pharmacy. Also, the fact that there is a record of what was prescribed gives essential medical record access to other key health care personnel.

Costs

Hospital settings have been found to have paper error rates on average for around 5 per 100 prescriptions. While most mistakes are not serious, around 7 percent typically have had a great potential for harm. Studies have indicated that the estimated annual costs for prescription errors in hospitals run to around $2 billion in the country.

Treatment for Mistakes

Anyone who has been a victim of a medication error should seek medical treatment at a different medical facility, preferably with a specialist, as soon as possible. Unfortunately, www.maryland-injury-lawyer.com states that, “Medication errors cause 1.5 million preventable Adverse Drug Events (ADE) and lead to 7,000 deaths each year.”

Patients who have suffered due to this medical error will need proper counsel with a dedicated advocate. Therefore, people or loved ones of someone who became injured as a result of a medication error should speak with a personal injury attorney as soon as possible. A qualified lawyer will help them recover the maximum compensation possible for their injuries or wrongful death caused by this form of negligent medical care.

Medication Errors

Below are some of the issues related to medication errors that can cause serious harm and even death to patients. Essentially, failing to administer medication correctly occurs when:

1. The incorrect medicine is prescribed
2. The wrong amount of medication is prescribed
3. Allergies and intolerance are not detected

Despite the success of e-prescriptions, it is estimated that only around 36 percent of all prescriptions have been delivered electronically in the nation over the past year. Therefore, until more medical facilities adopt e-prescription standards, there remains a high possibility that at some point, a person prescribed medicine will encounter an error. This is why it is estimated that mistakes with prescription medicines account for around one quarter of all medical malpractice cases.

Legal researcher Shelby Warden feels these errors can be avoided and hopes to raise awareness of the benefits for patients when doctors use this new technology. There is much more information about medical errors at www.maryland-injury-lawyer.com. Their skilled medical malpractice lawyers provide sound legal advice and will help victims obtain the compensation they deserve.

5 Things to Do After You’ve Been In a Car Accident

A car accident can cause a variety of injuries. There are several important steps that you should take after every car accident. Although, hopefully you will never need any of these tips, it’s better to be prepared and have a plan if something does happen.

Get out of Traffic

One of the common effects of a car accident is going through shock. During this time, injured drivers may not be able to process what is happening and may feel confused or disoriented. The first step to be taken is to move off the road and out of the line of traffic.

Get Medical Attention

Even if you feel like you don’t have any immediate injuries, you should always be evaluated by a physician right away. Many of the injuries associated with car accidents don’t indicate with symptoms until weeks or even months later. Injuries from car accidents can be devastating and alter your ability to live your life at the quality you are used to. The sooner you seek care, the sooner you’ll be on a path to recovery.

Contact the Insurance Company

After the accident, you should have traded insurance information with the other driver or drivers. Even if you feel like the damage to your vehicle is minimal, contact the insurance company to report the incident. This will initiate a chain of other activities, including follow-ups from an insurance adjuster, in order for your claim to be processed. It’s important to remain available and comfortable speaking to your insurance company representatives.

Hire an Attorney

Only a licensed attorney can vigorously represent your interests in court. You need to find a car accident lawyer experienced in personal injury and automobile accidents. There are many qualified lawyers available to evaluate your individual case. Before setting up a meeting, make a list of available attorneys and learn as much as possible from their website. When you meet with potential attorneys, ask many questions about their background, skills, and experience in handling these types of cases. You also want to find a lawyer who is compassionate about your case and concerned about your well-being.

Gather Evidence

Begin the process of collecting all data and documentation surrounding the accident. For example, you might collect photos, videos, reports from witnesses, or other details relevant to your case. Especially when the other driver was at fault for the accident, you want to be prepared with documentation to move forward with a case. You will also save yourself a lot of time by collecting this information early. During this time, do not communicate with the other party involved in the accident.

Your attorney will help you through the process of filing a claim and managing your case. Selecting an attorney is an important decision. What factors did you consider in choosing your car accident attorney?

Fine for company after worker loses finger in industrial accident

A Dagenham-based business has been fined and ordered to pay costs after one of its employees lost a finger in an accident at work.

An unidentified 39 year-old man from Greenwich, South-East London, was employed as a wood machinist by his employer, K & D Joinery, when the accident happened on 19 November 2010.

The incident occurred when the worker was using a wood-cutting machine on 19 November. He pushed the plank of wood that he was cutting towards the hand-fed machine but pushed too far and his fingers were caught in the machine. This resulted in sever lacertaions to his middle, ring and index fingers, with the middle finger having to be amputated because the injuries were so bad.

The incident was reported and the Health and Safety Executive were notified. An investigation was subsequently undertaken and this investigation recommended that the employer be prosecuted for an alleged breach of health and safety regulations.

The case came before the Westminster Magistrates’ Court earlier this week. The court heard that the worker had not been able to move the adjustable guard that was supposed to be protecting his fingers as it was faulty. It had apparently been defective for a number of months prior to the accident. The court found that K & D Joinery – who admitted breach of the Provision and Use of Work Equipment Regulations 1998 (“PUWER 1998”) – was guilty of the charges. The company was fined £6,000 and ordered to pay £4,500 costs. The company was also ordered to pay £3,000 in damages to the unidentified injured man.

It is not known currently whether the unidentified worker is going to claim personal injury in the courts.

Chris Hadrill, employment law solicitor at Redmans, commented on the case that “this case shows how easily serious accidents can happen in the workplace and serves to reinforce the fact that – legally and morally – employers have an obligation to ensure the health and welfare of their employees at work. The Health and Safety Executive is essential to ensuring that bad workplace practices are brought to light and poor health and safety practices punished”.

HSE Inspector Mr Mortuza stated after the hearing that “the failure by K & D Joinery to ensure the cutting block was properly guarded put any worker using it at significant risk of serious injury. he fact that the company was aware of the safety issues of the machine for many months before the incident, but continued to expose its employees to the risks involved in using the machine only adds gravity to the offence.”

Under the PUWER Regulations employers must ensure that measures to prevent access to dangerous parts of machinery are put in place or that the movement of any dangerous part of the machines is stopped before any person enters a “danger zone” (Regulation 11(1)). In this case, the employer had failed to do this and was therefore guilty of a breach of PUWER.

Redmans Solicitors are employment law solicitors offering compromise agreement advice based in London

Heavy fines for businesses after employee dies in work accident

A man has been jailed and a business and its director heavily fined after a demolition worker fell to his death in County Durham.

Health and safety breaches can be particularly serious. It is recommended that businesses take employment law advice and health and safety law advice if they think that they may have breached health and safety regulations

A business, one of its directors and a subcontractor were in Newcastle Crown Court this week after a worker was killed in a fall from a cherry-picker after the cherry-picker was knocked over by a falling tree steel beam.

Ken Joyce, 53, was working for Alan Turnbull, trading as A&H Site Line Boring and Machining, on 2 December 2008 when the incident happened. At the time of the incident he was working on dismantling the steel structure of a roof at the Swan Hunter Shipyard in Newcastle. Mr Joyce was working in a cherry-picker and was working in tandem with two other workers, one in another cherry-picker and the other in a crane. Mr Joyce and the worker in the other cherry-picker were dismantling the steel beams and the crane would then lift the beams down to the ground. However, during the work one of the beams slipped and struck the cherry-picker. The cherry-picker was knocked over and Mr Joyce was knocked out of the basket from height. He fell to the ground and suffered serious head injuries, being pronounced dead soon after.

After the accident was reported a joint investigation was carried out by Northumbria Police and by the Health and Safety Executive (“HSE”). Criminal proceedings were then subsequently recommended by the investigation report and the matter came to the Newcastle Crown Court this week.

The Court was told that A&H Site Line Boring and Machining had had the work subcontracted to them by North Eastern Maritime Offshore Cluster Ltd, whose director was Mr Christopher William Taylor. Mr Taylor and North Eastern Maritime Offshore Cluster Ltd were responsible, the jury was told, for failing to ensure that Mr Turnbull’s business was sufficiently competent to carry out the works in question as the police investigation found that Mr Turnbull had failed to adequately plan the work in accordance with health and safety law. In particular, it was found by the police and HSE investigation that he had failed to plan a safe system of work to dismantle the steelwork structure.

Mr Turnbull was found guilty of gross negligence manslaughter at the trial and sentenced to three years in prison. He had earlier pleaded guilty to breaches of s.2(1) and s.3(1) of the Health and Safety at Work etc Act 1974.

Mr Taylor was fined £30,000 and ordered to pay costs of £50,000 after he was found guilty of breaching s.2(1) and s.3(1) of the Health and Safety at Work etc Act 1974.

North Eastern Maritime Offshore Cluster Ltd was found guilty of breaches s.2(1) and s.3(1) of the Health and Safety at Work etc Act 1974. It was fined £1 for each offence in absentia as it is now in liquidation.

Redmans are employment law solicitors and offer compromise agreement advice

4 Rhode Island Drunk Driving Questions We Needed to Answer

rhode island drunk driving accidents

Rhode Island drunk driving accidents are unfortunately very common. Areas like Providence, Warwick and Cranston in particular routinely see drunk driving accidents. Many of these accidents are heart wrenching, tragic situations that can be difficult to discuss.

Over the past 22 years our firm has received many questions from people who have been touched by Rhode Island drunk driving accidents. While these questions are difficult to address, we believe it is important to answer them.

(more…) “4 Rhode Island Drunk Driving Questions We Needed to Answer”

3 Ways You Can Help Keep Motorcyclists Safe

One of my primary objectives as a motorcycle accident lawyer is to not just settle cases, but to help individuals prevent motorcycle accidents in the first place.

Often times a motorcycle accident is not caused by the motorcyclist themselves. Other automobile drivers are typically the  cause. Most of us have never ridden a motorcycle and probably never will. Yet each of us will encounter motorcycles while driving on  highways and back roads, which means we all have a responsibility to watch out for people who do ride motorcycles.

(more…) “3 Ways You Can Help Keep Motorcyclists Safe”

Medical Negligence Scars Hospital Records Leaving Behind Distressing Injuries after Childbirth

Tackling postnatal trauma is itself a challenge for the new mother because of physical and mental complications. According to a birth injury attorney when a stab of pain is added to the already-difficult situation in the form of child birth injury, it takes its toll on the joys of motherhood. Especially, when such injuries have long standing repercussions, it leaves behind a trail of possibilities of medical conditions for both the newborn and the mother. Sadly, the rate of accidents and negligence during delivery is alarmingly high in the UK hospitals, with an estimated count of over 6,204 people getting victimized by such injuries yearly.

Though the count is still a minority, the lasting injuries they are left behind with are nonetheless difficult to deal with. Studies say that some women who have undergone childbirth injuries find it difficult to have intercourse post-delivery because it gets too painful because of internal wounds. Some working mothers have failed to return back to work because such injuries have left them impaired to be functional. Obstetric fistula is one of the major developments following birth injuries in women that cause to develop an aperture between their vagina and rectum. The fissure leads to incontinency thus causing the patient to have no control over excretion of any kind. Colostomy is the only way of dealing with this problem, though success is variable.

Patients undergoing normal delivery also suffer from multiple vaginal injuries due to overstretch of the perineum. However, even when the experience is not close to comfortable and in many cases life-threatening, it is the job of a gynaecologist to ensure that the pressure is kept limited by exercising extreme care. Episiotomy is the often practised to ensure that the infant is not harmed in any way because of the constriction of the vaginal passage. Sometimes, due to negligence or inefficiency of the doctors, patients undergo a tear in their passage that leads not only to bleeding, but serious discomfort in the future.

Though patients are sutured, the impacts tend to take a toll on the sexual health of the patients. Cases of people dying of ruptures in their uterus are not rare. One of the worst and heart-wrenching cases of medical negligence is a stillborn baby. If a lady in labour gets a delayed delivery, they might give birth to a deceased baby which is equally detrimental to the physical, emotional and mental health of the mother.

As for the babies, those born with cerebral palsies bear evidence of the poor health standards of the hospitals and medical inefficiency of the assigned members of the staff. It is jaw-dropping to think that a national hospital like the NHS alone pays a sum of 17.5 billion for medical negligence claims, a fund they reserve only to compensate those they have mistakenly wronged. A childbirth injury can leave your child crippled for a lifetime, physically deformed due to tactless use of forceps and brain injured because of inappropriate use of suction power during the delivery.

Medical-Negligence.com can help you get compensated deservingly through legal pursuit.

Handsfree and Texting Behind the Wheel More Dangerous than Drink Driving?

Researchers have found that writing text messages behind the wheel – and even using your hands-free set – could be just as dangerous as drinking and driving. Quickly sending a message to friends and family puts you at serious risk. While communicating with others, your driving performance suffers as much as those who are 25% above the legal drink-drive limit.

Having deep conversations which require thought makes driving dangerous, says the study, released by the Traffic Injury Prevention journal. Simple dialogue, through a hands-free set, may not pose the same risks, however. So if you want to stay safe, leave the heavy discussions until you’re out of the car.

Should We Throw Away Our Hands-Free?

Researchers haven’t claimed that hands-free sets should be scrapped, but in light of this study, some believe that they should be analysed further, and regulated.

The Research

In an Australian study, 12 healthy students with a driving licence were asked to complete a series of motor tests to assess their driving performance. The researchers were watching their reaction time, braking, speed deviation, and lane changing.

To ensure a fair test, anyone who habitually consumed alcohol was not allowed to take part in the test; nor were those who never drink. One test assessed their responses to simulated driving when they had no phone, talking with a hands-free, keeping-up with a demanding conversation, and texting. Scientists would create a conversation by engaging in discussion about an interesting topic, as well as query the driver, to make the dialogue more challenging.

On the second day, the volunteers were asked to drink alcohol to compare their reaction times etc. to their previous results, when communicating through texts or on the hands-free phone. In a driving simulator, participants had to reach speeds of between 40mph and 50mph – every time a lorry appeared, they had to brake.

To recreate the hands-free experience, volunteers wore headphones and a microphone. The results showed that most participants suffered from reduced driving skills when communicating – the equivalent of being 25% above the drink-driving limit. Simple conversations resulted in similar reactions to having a blood-alcohol level of 0.04. When the discussion grew more complicated, this increased to 0.07.

By far the worst result came from text messaging which had similar results to 0.1. You can drive in the UK under the influence of 0.08 (80 milligrams of alcohol in 100 millilitres of blood). Texting while driving accounts for as much as 25% of all motor collisions. On average, texting takes a driver’s eyes off the road completely for 4.6 seconds – you’re driving blind! Every day, texting while driving kills 11 teenagers.

Wait until you’ve stopped driving to send texts and pull over if you’re desperate to do so. Texting makes you 23% more likely to have a car accident, and with those odds, it’s not worth quickly sending a message to your partner. We’re sure they’d prefer you home safe and well.

If you have been involved in a driving accident and have been conflicted, support and advice on how to approach and deal with it is available from these motoring solicitors: http://www.drivingoffence.com

Simple Steps For Treating Whiplash After An RTA

It isn’t always clear what you should do when you think you’re suffering from a whiplash injury. Whiplash is where the head is ‘whipped’ around faster than the neck. The fast and harsh movement of the neck can cause the muscles and tendons to become strained. In many cases, multiple injuries involving both muscles and tendons occur, and when both collide, extreme agony is often unavoidable. Emphasis must be placed on seeking professional medical help as soon as possible – avoid self-diagnosis as this can sometimes result in the wrong treatment causing more long term damage. In some cases, individuals left with symptoms after a 2 year period may still not be fully cured of their injury.

Here are 8 clear steps you should take to put yourself on the road to recovery:

1. Go to the hospital A&E after the injury as soon as possible after the road accident

Whiplash injuries must be taken seriously and it is highly recommended that those who suffer pain following a vehicle accident looks for urgent medical assistance to ensure they give themselves the greatest chance of gaining a complete recovery.

In order to take care of whiplash injuries, it is important to consider the extent of soreness you are suffering. The majority of doctors will wait for at least 7 days after the injury before choosing whether to set up further treatment, such as physiotherapy, and up to that point may treat with medication to treat the pain.

2. Chiropractic care for spinal manipulation

There are different types of treatments which involve massage and manipulation in a comparable manner to typical physio. Examples include Chiropracty, Osteopathy and Acupuncture. Acupuncture will be expensive but many benefit for assisting in healing soft tissue injuries.

3. See a physical therapist for stretches and exercises

Physiotherapy requires stretching, shifting limbs and muscles both involuntarily and voluntarily. A program of treatments is usually carried out. More serious problems will get more rigorous and extended treatment sessions and pain killers will normally be prescribed throughout the physio process.

4. Massage therapy

Massage and manipulation helps to restore function and movement following a whiplash injury. You will probably be given a list of exercises to carry out at home from the physiotherapist after receiving therapy. A massage therapist will be referred from the doctor, as there is little a doctor can do to help except manage pain with medication. Untreated cases of whiplash can extend the problems, so therefore massage to damaged muscles will relieve painful symptoms. You may be able to see a specialist whiplash massage therapist as they will be well versed in treating hundreds of victims.

5. Apply ice to your neck for the first few days

This is the safest way to initially treat an injury that is less than 24 hours old, by closing the small blood vessels and reducing swelling. It can also benefit by calming nerves. Avoid putting ice directly onto the skin – this can cause frostbite – wrap it in cloth first.

6. Switch to moist heat to restore flexibility

After several days, using heat can relax the muscles once the swelling has reduced. Moist heat is the most effective, using hot packs – speak to your therapist about this. Apply for around 30 minutes , but don’t leave on too long and be careful pads aren’t too hot as they can burn the skin.

7. Limit your work for the first few days

Return to normal as pain allows – this can take weeks or more severe cases can be 6 months. Keeping going is important as the muscles need to remain flexible, despite any discomfort. NHS are now advising patients not to use neck supports as they restrict movement. It is important however to rest the neck, and avoid quick movements initially.

8. Take over-the-counter medication for pain relief

Ibuprofen and paracetamol are the best treatments for pain relief, however, for more severe pain the doctor may prescribe a stronger painkiller such as codeine.

If your injury has resulted from a road accident then you might be able to make a whiplash compensation claim against the liable party. Such a claim may involve treatment program costs and medication fees. Nevertheless most individuals don’t have that benefit and would need assistance with identifying the most effective approach to support their treatment.