Cracking Down on Texting and Driving in Tennessee

On behalf of Daniel Clayton posted in Car Accidents on Friday, May 11, 2012

Even though it is against the law in Tennessee to text while driving, sadly many teen drivers still skirt the rules by sending off a quick message. This post specifically talks about teen drivers.  However, I recognize that adults text while driving at an alarming rate too.  In my law practice, I have seen the devastating consequences of drivers texting while driving.

Of course, Tennessee is not unique in this regard, and rather teen drivers around the country choose to talk or text while driving. However, it does appear that even though many still participate in this distracted driving behavior, more and more teens are acknowledging — and in some cases — even speaking out against using a phone to text, or talk, while driving.

According to a recent survey by Consumer Reports magazine, the majority of drivers between the ages of 16 and 21 reported knowing that texting while driving is dangerous. However, 29 percent still admitted that they had texted while behind the wheel in the past month.

And while this certainly does show a disconnect between realizing a behavior is dangerous and doing it anyway, the good news is that many drivers did report lessening or all together stopping their distracted driving behaviors due to the known danger. Additionally, texting bans and family members asking them to stop using their cellphones while driving also reportedly played a role in the decrease.

Another surprising find in the survey was that younger drivers are less likely to text or talk on a cellphone if they have a friend in the car. Of course, one could look at this as not wanting to be rude, or already engaging in conversation with their passenger. But, 50 percent surveyed said they had personally asked a driver to stop using a phone while driving due to safety reasons. This could lead one to believe teen drivers are listening to their teen friends and not using their phone.

Source: The Wall Street Journal, “Young Drivers Can’t Resist Text in Cars,” May 8, 2012

Tags: Car Accidents, Cellphone Use, Distracted Drivers, Teen Drivers, Texting and Driving

posted in PERSONAL INJURY | tagged CAR ACCIDENTS, CELLPHONE USE, DISTRACTED DRIVERS, TEEN DRIVERS, TEXTING AND DRIVING

Memorial Day Weekend - Please Drive Carefully - Tennessee has had increase in Traffic Fatalities

On behalf of Daniel Clayton posted in Wrongful Death

Law enforcement in Tennessee is gearing up to crackdown on a number of different risky driving behaviors like distracted driving, drunk driving and not wearing a seatbelt. The hope is that the increased focus will help to combat the recent spike the state has seen in the number of motor vehicle related fatalities.

According to the director of the Governor’s Highway Safety Office in Nashville, the number of traffic fatalities for the first three months of the year is up 28 percent from the same time period in 2011. Specifically, there have already been 238 fatal motor vehicle accidents in 2012. Last year there were 186.

Broken down by numbers for this year, in January there were 67 fatalities, followed by 71 deaths in February and 100 motor vehicle fatalities last month.

When looking at why there has been an increase, one Tennessee sheriff said reasons could include the fact that weather turned warmer earlier this year, and the economy has also gotten better, which has led to people driving more.

In the past, law enforcement agencies throughout the state have only targeted one dangerous driving behavior at a time, like drunk driving or speeding. However, a recently approved demonstration project will allow officers and deputies to target a number of issues at the same time.

The project is with the National Highway Traffic Safety Administration and will go on for two years.

Officials are hopeful that participation in this demonstration project will lead to preventing injury and fatality causing accidents from even happening in the first place.

Source: The Commercial Appeal, “Rise in traffic fatalities fuels crackdown on traffic violations in Tennessee,” Kevin McKenzie, April 9, 2012

Tags: Car Accidents, Fatal Accidents, Trucking Accidents, Wrongful Death

posted in WRONGFUL DEATH | tagged CAR ACCIDENTS, FATAL ACCIDENTS, TRUCKING ACCIDENTS,WRONGFUL DEATH | LEAVE A COMMENT

Sleep Apnea and Commercial and Truck Drivers: A Deadly Combination

Posted by Daniel Clayton, www.DanielClaytonLaw.com in motor vehicle accidents

People who experience pauses during sleep could possibly have a life-threatening breathing disorder called sleep apnea. These breathing interruptions can occur up to 400 times a night and last for 10 seconds or more. It is difficult for people to recognize the symptoms of sleep apnea in themselves, so it often goes undiagnosed.
According to the Federal Motor Carrier Safety Administration (FMCSA), around 28 percent of commercial truck drivers may have obstructive sleep apnea, which is a scary combination. Around 17 percent have mild sleep apnea, while close to 6 percent have a moderate form and almost 5 percent have severe sleep apnea.
One study noted that drivers with untreated sleep apnea have a higher risk of being involved in a truck accident. The study also indicated that during a series of performance tests, drivers with untreated sleep apnea fared worse than those with higher than legal blood alcohol concentrations for commercial truckers. This research shows that for any commercial drivers with symptoms of sleep apnea, being on the road is a dangerous and potentially fatal situation.
Typical symptoms of sleep apnea are a combination of loud snoring, daytime fatigue, sleeping at odd times, memory difficulties, lack of focus, irritability and morning headaches. While sleep apnea can afflict men or women of any age, people who are overweight, smoke, drink alcohol, have large neck sizes or who are over 40-years-old are at an increased risk. Additionally, people with family members who have sleep apnea are more likely to develop it. After sleep apnea is diagnosed and treated, many commercial drivers can once again take to the road to perform their jobs safely.
For commercial truck drivers who suspect they may have sleep apnea, it is best to visit a qualified state medical examiner for a medical fitness evaluation. Many states have medical requirements for commercial drivers that include sleep apnea as a disqualifying condition when it is moderate to severe and prevents safe driving practices. Drivers with mild to moderate sleep apnea can undergo treatment, however, to requalify for their commercial driving licenses.
It is safer for both commercial truckers and others on the road if those operators with moderate to severe sleep apnea have limited driving privileges.
Source: “Sleep Apnea and Commercial Drivers,” Federal Motor Carrier Safety Administration

Tags: sleep apnea, truck accidents

Posted in Personal Injury|Tagged sleep apnea, truck accidents|Leave a comment

 

Risky Driving by Teen Drivers

Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in motor vehicle accidents

Any parent of a young, newly-minted driver knows that teen drivers are a high-risk group – and as a result, adding them to a car insurance policy can double, or even triple, the rates that they pay.
In order to determine why this is the case, the U.S National Institutes of Health (NIH) conducted a study that observed the driving habits of 42 new teenage drivers in Virginia, as well as their parents, for 18 months. Before the study began, the NIH installed participants’ cars with internal and external cameras, GPS devices, and systems that collect data on when the cars accelerated and how many miles the cars were driven.
After observing participants for 18 months, the NIH found that:

• there were 37 crashes among the study’s teens, and 2 accidents that involved the adults
• the teen drivers were involved in 242 near-accidents, compared to the 32 near-crashes that involved their parents
• the more experience that teen drivers gained, the fewer near-accidents they were involved in – although they did not come close to reaching the near-accident rates of the adults during the time of the study
• teens were five times more likely to engage in risky behaviors, such as driving too fast and making rapid turns and hard stops
• after teen drivers were involved in an accident, or a close call, it did not deter them from engaging in risky driving behaviors

The study, which was published in the October 2011 issue of the American Journal of Public Health, used a unique methodology that gave researchers insight they may not have otherwise had, says the NIH.
“This is the first naturalistic or objective assessment of teenage risky driving,” said lead researcher Bruce G. Simons-Morton in a statement. “Sadly, it points out the teenage driving dilemma, which is that newly licensed drivers of all ages, but particularly teenagers, are a high risk for accidents early on.”
Why Teen Drivers Get Into More Accidents
In addition to engaging in risky behaviors, teen drivers are less likely to accurately assess how dangerous a situation is, which causes them to proceed normally in cases where they should use more caution. They also tend to drive during nighttime hours, which increases the risks of being in an accident. And when teenagers are involved in car crashes, they are more likely to sustain serious personal injuries because they tend to avoid using seat belts.
Source: “Why Teen Car Insurance is Expensive: They’re Bad Drivers,” Fox News, 1/6/12

Tags: motor vehicle accidents, teen drivers

Posted in Car Accidents|Tagged motor vehicle accidents, Teen Drivers|Leave a comment

Reducing Distractions for Commercial and Truck Drivers

Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in motor vehicle accidents

According to research conducted by the Federal Motor Carrier Safety Administration (FMCSA), drivers of commercial vehicles are three times more likely to be involved in a crash if they are reaching for a cell phone or similar object. That accident risk increases to six times more likely if the drivers are dialing. It is clear; when drivers of commercial vehicles such as large trucks and buses take their eyes off the roadways, the outcomes can be deadly.
To decrease distracted driving accidents stemming from cell phone use, the FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have issued a joint final rule banning drivers from use of hand-held cell phones while operating commercial motor vehicles.
When announcing the new regulation last fall, U.S. Department of Transportation Secretary Ray LaHood said, “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”
Effective January 3, 2012, the new rule carries stiff federal penalties for drivers and companies who violate the law. For each offense, drivers will face a civil penalty of up to $2,750. If a driver commits multiple offenses, s/he may be disqualified from operating commercial vehicles. More specifically, drivers who commit two serious violations within a three-year period will be disqualified for commercial driving for at least 60 days. With three or more violations in three years, the penalty extends to 120 days of disqualification.
In addition to federal efforts, states have stepped up to stop distracted driving, too. Though no state has completely banned the use cellular telephones, many states have enacted laws preventing the use of cell phones in certain commercial vehicles such as school buses and motor coaches.
Carrier companies who fail to enforce the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMR) will not go unpunished. Specifically, companies that allow drivers to use hand-held mobile devices while driving may be fined up to $11,000.
The mobile telephone rule allows drivers of commercial vehicles to use hands-free devices including wired or wireless earpieces to initiate, answer or end a call by touching a single button. Drivers are also allowed to use other push-to-talk communications equipment as long as it does not require drivers to remove their eyes from the roadways and allows them to communicate without having to hold, dial or reach for the device.
Source: “Starting Jan. 3, Commercial Drivers Banned from Hand-Held Cell Phone Use,” Business Fleet, 12/28/11

Posted in Uncategorized|Tagged Distracted Drivers, motor vehicle accidents|Leave a comment

Cerebral Palsy - Causes and Treatments

Posted on behalf of Daniel L. Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in medical malpractice

About two to three children out of every 1,000 in the United States suffer from cerebral palsy. It affects people of all ethnicities, sexes and socioeconomic groups. Cerebral palsy is a physical disability of the brain that causes many hardships, both financial and emotional, for children and their families.
Types:
There are three different types of cerebral palsy. The first is spastic cerebral palsy in which the child is stiff and has difficulty with movement. The second type is athetoid cerebral palsy where the child has uncontrolled and involuntary movements. The last type is ataxic cerebral palsy where the child has difficulty with balance and depth perception.
Symptoms:
Symptoms of cerebral palsy appear within the first three years of life. Common symptoms include:
•· Abnormal muscle tone resulting in slouching
•· Delay of developmental milestones, including speaking or crawling
•· Problems with feeding and sucking
•· Unusual crawling
•· Stiff or floppy movements
•· Poor balance
•· Easily startled
•· Awkward positioning when lying down
•· Coordination problems
•· Hearing or eyesight issues
•· Problems with bowel or bladder control
•· Seizures
•· Limited range of motion
•· Swallowing problems
Causes:
Cerebral palsy is caused by damage to the cerebrum. The cerebrum is the part of the brain responsible for many things including: muscle control, learning ability, memory and communication. It can be caused by complications before the baby is born.
Cerebral palsy is sometimes caused by the negligence of doctors or nurses during labor and delivery. If the doctor improperly uses forceps, fails to properly monitor the baby’s heartbeat or fails to ensure that the baby is receiving oxygen, it can cause damage to the cerebrum, causing the baby to develop cerebral palsy.
Treatments:
Cerebral palsy cannot be cured and treatment usually involves multiple medical professionals who help parents to assist in their children’s development. Treatment can include therapy, medication, braces or surgery. Treatment will be different for every child and may be very expensive depending upon the child’s needs.
What Can You Do:
Raising a child with cerebral palsy is often a very expensive undertaking due to the necessary treatment. If your child has cerebral palsy and you believe negligence caused by doctors or nurses during delivery is the cause, consider contacting an attorney specializing in medical malpractice.
Source: “Cerebral Palsy,” emedicinehealth.com

Tags: Medical Malpractice, cerebral palsy, medical mistakes

Posted in Medical Malpractice|Tagged cerebral palsy, Medical Malpractice, medical mistakes|Leave a comment

Some Birth Injuries Don't Have to Happen

Posted on behalf of Daniel Clayton, selected as the ‘Nashville Best Lawyers Medical Malpractice Law – Plaintiffs Lawyer of the Year’ for 2012, in Medical Malpractice

No soon-to-be parent even likes to think of it, but the truth remains that sometimes a doctor of medical staff’s negligence during the delivery of a baby can lead to injury. And while some of these birth injuries are rather minor, like a bruise or a scratch, others are quite severe and can end up affecting a child for the rest of his or her life.
According to studies, birth injuries affect one out of every six babies born in the U.S. This statistic does include those minor injuries, but also includes fractured bones, facial paralysis, cerebral palsy and Erb’s palsy.
Overall, a baby being born with a fractured collar bone is one of the most common injuries. Fortunately, once the child is fixed to a certain position, the bone tends to heal without any further complications.
However, in some birth injuries the child is not as lucky. For example, sometimes during delivery the baby’s shoulders get stuck behind the mother’s pubic bone. When this happens, in some cases doctors and nurses do not react appropriately, and the baby can end up with damage done to the nerves in their shoulder, arm and hand. After this, the child may go on to need surgery, and in some instances never regains the full range of motion in their arm.
Medical malpractice can also lead to cerebral palsy. This can happen for a number of reasons, including a cesarean section not being ordered soon enough, the improper use of forceps, umbilical cord compression and improper fetal heartbeat monitoring.
Overall, it’s important to remember that while some birth injuries are unpreventable, others happen due to medical negligence on behalf of doctors, nurses and anesthesiologists. Because of this, when a baby suffers a birth injury, it is a good idea to fully examine the cause of the injury, to see if negligence was the root cause.
Source: ABC Action News, “How medical malpractice leads to birth injuries,” Ed Greenberger, Jan. 27, 2012

Tags: Birth Injuries, Cerebral Palsy, Erb’s Palsy, Medical Malpractice

Posted in Medical Malpractice|Tagged Birth Injuries, cerebral palsy, Erb's Palsy, Medical Malpractice|Leave a comment