The Federal Motor Carrier Safety Administration recently published a study regarding short haul commercial truck drivers. Short haul, also called drayage, are trips by commercial drivers that can be completed within a single shift, often within 100 miles of the home base. Researchers chose short haul drivers because most work over 50 hours a week and have more rigorous work demands, as short haul drivers are cited frequently for work log violations.
The study videotaped 42 drivers, aged 19 to 57, for two consecutive weeks in order to characterize their drowsiness and the impact of drowsiness on their driving abilities. The video cameras were activated with the engine ignition, providing a true glimpse into driver behavior and safety performance. A total of 2,745 drowsy events were identified in approximately 900 total hours of driving. Thus, the rate of drowsy occurrences for all drivers combined was 3.1 events per hour of driving. Such drowsy occurrences ranged from excessive blinking, yawning, and shifting in the driver’s seat, to drivers closing their eyes completely.
The most startling data that researchers found was that most drowsy occurrences were noted between 6 a.m and 9 a.m, with more than 30 percent of all drowsiness amongst drivers being recorded during the first hour of their shift. This suggests that drivers may not be fully refreshed and awake when they begin their workday, as the long hours, monotony, and erratic meal and rest times all contribute to driver fatigue.
Because of their extensive mileage, commercial drivers’ risk of being involved in a drowsiness -related crash is far greater than that of non-commercial drivers, even though commercial drivers represent a relatively small percentage of all drivers.
Due to the disparate height of tractor trailers and automobiles, underride crashes are often the most catastrophic and fatal. In 1998, the National Highway Transportation Safety Administration mandated that all tractor trailers be equipped with underride guards. The mandate also increased the width of the bars from 60 inches to a minimum of 94 inches, in order to have the underride guards span the entire width of the tractor trailer.
While an NHTSA statistical study compiled in October 2010 showed that there was a slight, but not statistically significant, decrease in fatalities due to the newer underride guard standards, a study completed earlier this month by the Insurance Institute for Highway Safety highlights the grave safety risk that drivers sharing the road with tractor trailers still face.
The IIHS performed crash tests between underride guards and 2010 Chevy Malibus, the passenger vehicle with a five-star crash test rating from the NHTSA. Repeated tests showed that the underride guards failed to prevent vehicles from sliding under tractor trailers. The IIHS used the highest rated passenger vehicle to show that even in a car with top safety marks, a relatively low speed impact with a tractor trailer can still cause catastrophic damage. The rear guard prevented underride of the vehicle only tests in which the Malibu hit dead center in the back of the tractor trailer; nearly 80 percent of the tests resulted in severe damage, even decapitating the crash test dummies.
Under current certification, underride guards are not tested with welding, bolts, and trailers, showing that even if the guard meets NHTSA guidelines, there is no uniform mandate which insures the underride guard is installed and properly secured to the tractor trailer.
A lot of a debate has surrounded HB 279 over the past couple of days. Monday night a bill sponsored by Allen Howell (D-Hartwell) passed in the Georgia State House of Representatives. The bill, whose summary can be found here, would amend OCGA § 40-8-76(b)(2), raising the age limit of children in required to ride in booster car seats from 6 to 8. The height limit of 4 foot 9 and weight limit of 40 pounds would remain the same. Representative Howell has since commented that raising the minimum age would ensure that less children would suffer injuries in the event of an automobile accident. HB 279 follows Madison’s Law, which was enacted in 2004, after five year-old Madison Hartley survived in her car seat after an SUV sheared off the side of the minivan she was riding in. Many credited the booster seat with saving the child’s life. The Governor’s Office for Highway Safety has also stated that the age limits should be in place so parents don’t assume that their children have outgrown car seats.
While critics state that raising the age limit requiring use of booster seats is a moot point, car accidents remain the leading cause of death for toddlers and children.
The sportsworld was shocked yesterday when word spread about Chicago Bears’ safety Dave Duerson dying from a self-inflicted gunshot wound to the chest. Mr. Duerson had testified before Congress in 2007 about the NFL’s retirement program and its players suffering from long-term concussion-related injuries, and shortly before his death on February 17th, Duerson wanted his brain to be studied to see if he had Chronic Traumatic Encephalopathy.
Chronic traumatic encephalopathy is most common in boxing and football players, who repeatedly take hits to head. Although players wear helmets, the hits on the field that the players endure cause concussions and tissue damage in the brain, which can go undetected. CTE is known to cause long-term and debilitating cognitive and emotional problems. Many individuals experience in their 40s and 50s symptoms similar to adults in their 60s 70s and 80s suffering from dementia and Alzheimer’s disease. A person who has CTE has difficulty remembering, problems with speech, and often suffers from a mental breakdown. It also causes frailty and loss of balance, which cause many to need to permanently walk with a cane or use a wheelchair. CTE drew national attention in early 2007, after Philadelphia Eagle’s safety Andre Waters committed suicide. A post-mortem study of Waters’ brain tissue revealed that he had been suffering from CTE. CTE not only affects professional players who have had a lengthy career. Last year, C.T.E. was found in the brain of Owen Thomas, a University of Pennsylvania football captain who killed himself in April.
This brings to light the fact that researchers are still trying to understand traumatic brain injuries and their lasting residual effects that can take years to manifest. The repeated hits that football players receive on the field involve the same mechanisms as drivers and passengers hit by another vehicle. Traumatic brain injuries are often very difficult to diagnose and do not always show up on CT scans or MRIs. Understanding and studying what happens to a player’s brain can help shed light on the trauma the brain undergoes during a car crash.
To further add to the shock of Duerson’s death, it was revealed yesterday that he intentionally shot himself in the chest in his Florida home in order to preserve his brain tissue and for it to be examined at Boston University, sending a message to the NFL.
The fatal accident in Douglas County this past Saturday is one of the many tragedies that often unfold on America’s roads. While campaigns like Mothers Against Drunk Driving, have helped create a national dialogue, motor vehicle accidents remain the leading cause of death of young adults aged 15 to 20.
Many teenagers think they are invincible behind the wheel of a car and that alcohol does not have an effect on their driving. For instance, teenage boys with a blood alcohol level of .05 (a figure below the legal limit) are 18 times likely to suffer a single vehicle crash than their non-drinking counterparts. For teenage girls, the percentage jumps to 54 percent.
Tragic accidents like the one Saturday that killed sixteen year-old Cheyenne Sauls, with the teenage driver facing DUI and vehicular homicide charges, show the two sides of the coin that parents never want to see happen to their child.
The National Highway Traffic Safety Administration published its most recent data concerning fatal traffic accidents throughout the county.
The NHTSA’s Fatality Analysis Reporting System (FARS), whose most recent statistics are through 2009, show that there was an overall 10 percent decline in fatal traffic accidents from 2008 in the United States. While the downward trend in fatalities can be linked to all 50 states enacting seat belt legislation, as well as newer vehicle models having more standard safety features, the dangers on the road are still prevalent. According to the FARS website, 1,284 lives were lost on Georgia’s roads in 2009, putting our state in the top 10 in regards to the number of fatal accidents.
On Tuesday, the Georgia Department of Transportation announced that it will permit signs memorializing the victims of traffic accidents on federal and state highways. The Department unveiled the 15 inch circular signs that will state “Drive Safely- In Memory of” with the victim’s name at the bottom. The approved memorial signs will be installed as close to the scene of the accident as permissible and will be returned to the sponsor after a year. The signs require a $100 fabrication and installation fee and can be requested here.
The effects of a collision – whether automobile, motorcycle, or tractor-trailer- are often not detected immediately. One injury that is often misdiagnosed or even missed altogether because it does not always manifest itself on an MRI or CT is a closed head injury.
A closed head injury may lack the outward signs of physical trauma, yet the sudden shock of impact causes the brain to jostle within the skull, leading to biochemical disruptions that impair normal activity of the neurons. Many individuals experience residual effects that take days, even weeks to manifest themselves – ranging from dizziness, difficulty concentrating, memory loss, language impairment, confusion to blurred vision.
Due to the difficulty identifying and quantifying these cognitive and behavioral problems, a valuable tool used to help understand and treat these hidden injuries is the expertise of neuropsychologists. Neuropsychologists are able to diagnose cognitive deficits and localize abnormalities in the central nervous system through examination of a person’s language abilities, memory, motor skills, and behavior. These deficits bring to the forefront fundamental philosophical and legal questions about what defines us as “normal” and what allows us to effectively participate in the collective human experience. The difficulty in diagnosing a brain injury is mirrored by the inherent complexity of the brain itself.
Having an experienced attorney by your side ensures that you and your loved one will be best equipped to navigate these difficulties. We’re here to help.
The Insurance Institute for Highway Safety released a new study today, showing the installation of red light cameras, although controversial, has reduced fatalities by 35 percent in 14 of the largest cities in the United States. Deadly intersection crashes fell in other cities with traditional enforcement, but only by 14 percent. The study also stated that by having tradition police surveillance, the officer would have to chase the vehicle that ran the red light, putting his or her life in danger, as well as other vehicles. The article states that red light cameras are more cost effective than having a police officer at every traffic light intersection and those who are willing to break the law should shoulder the burden of the cost of enforcement. The researcher’s analysis also highlighted a trickle-down effect of fewer fatal accidents in the red light camera cities even at other intersections without cameras installed.
In spite of the extensive media attention given to the installation of the cameras, red light running killed 676 people and injured an estimated 113,000 in the United States in 2009.
One of the most important ways to gain confidence and build a great relationship with your client is through constant communication. As the legal representative of your client, you are the one to best demystify and debunk myths and stereotypes of the legal profession. From the outside, the legal process is often seen as a quick call and quick settlement, which is what TV lawyers want you to think, but there are many steps necessary to ensure due process. Whether sending emails or correspondence via snail mail, it is always important to send a copy to your client, because no communication regarding their case is insignificant. It allows them to see that a lot of unglamorous work goes into proper and thorough preparation and investigation of their case. We cannot tell you how many times our clients are happy to have us inundate their inboxes with messages, because it gives them peace of mind knowing they are not swept under the rug.
