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    <title>Huntsville Personal Injury Attorney Blog | Decatur Car Accident Lawyer | Alabama Workers Compensation Law Firm</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/" />
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    <id>tag:www.huntsvillepersonalinjurylaw.com,2009-12-03:/2082</id>
    <updated>2010-09-01T20:42:32Z</updated>
    <subtitle>Attorney George Allen Moore passionately represents people in Huntsville, Alabama, in car accidents and other personal injury or workers’ comp cases.</subtitle>
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<entry>
    <title>Concussion Reports for Young Athletes Nearly Tripled Since 1997</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/09/concussion-reports-for-young-athletes-nearly-tripled-since-1997.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.24998</id>

    <published>2010-09-01T20:42:02Z</published>
    <updated>2010-09-01T20:42:32Z</updated>

    <summary>A recent study in the medical journal Pediatrics showed that concussions among children aged 8 to 19 who were involved in organized sports had nearly tripled between 1997 and 2007. The findings may suggest the intensity of kids&apos; sports has...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Brain Injury" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="braininjury" label="Brain Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="concussions" label="Concussions" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="mildtraumaticbraininjury" label="Mild Traumatic Brain Injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="sportsinjuries" label="Sports Injuries" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>A recent study in the medical journal Pediatrics showed that concussions among children aged 8 to 19 who were involved in organized sports had nearly tripled between 1997 and 2007. The findings may suggest the intensity of kids' sports has increased dramatically or indicate a greater awareness that concussions require medical treatment, or both.</p>
<p>The study found that 14- to 19-year-olds were taken to the emergency room for concussions more than three times as often in 2007 (nearly 22,000 times) than they had been in 1997 (about 7,000 times). Concussion-related ER visits doubled for those aged 8 to 13, from about 3,800 in 1997 to almost 8,000 in 2007. </p>
<p>Concussions are a form of <a href="http://www.alabamajusticecenter.com/PracticeAreas/Catastrophic-Injuries.asp">brain injury</a>, but until recently they had not been thought likely to create long-term problems for their sufferers. In the past, many athletes had been told simply to "tough it out" when they received a hard blow to the head during a game.</p>
<p>In the past few years, there has been a growing body of evidence that certain concussions, known as "mild traumatic brain injury," may post long-term problems. Also, repeated concussions may have a cumulative effect.</p>
<p>Sports injuries among the young can be particularly troubling because they could mean a lifetime of functional or cognitive limitations. Additionally, the mild brain injuries seen from concussions can be difficult to recognize, and getting active young people to comply with the treatment can be a challenge.</p>
<p><strong>Many Parents and Coaches Don't Understand How Serious a Concussion Can Be</strong></p>]]>
        <![CDATA[<p>A concussion occurs when the brain has been jostled. Generally, the person suffers a sharp blow to the head but doesn't lose consciousness, and the damage is too small to show up on medical imaging scans. However, the damage to the brain is real.</p>
<p>The symptoms can include anything from a headache to dizziness, nausea and trouble concentrating. The symptoms may last around a week, but the brain may require months to heal.</p>
<p>The treatment for a concussion is rest -- both physical and mental. The patient needs to avoid any physical activities that could further damage the brain or prevent it from healing, but they also need to avoid mental tasks that require concentration and focus. </p>
<p>The mental rest can be particularly challenging for young people. It can mean being restricted from watching TV, playing video games, reading and using the computer. However, failure to comply with this rest period could lead to permanent <a href="http://www.alabamajusticecenter.com/PracticeAreas/Catastrophic-Injuries.asp">brain injury</a>, chronic pain, memory problems and learning difficulties. </p>
<p>Worse, a second concussion while the first is still healing could be deadly.</p>
<p>"They want to know if they can play tomorrow, and you're just like, 'No!'" says the study's lead author, Dr. Lisa Bakhos. "It's not just as simple as get up, shake it off and you'll be fine.</p>
<p>Many patients -- along with coaches and parents -- dismiss concussions as "not a big deal," says co-author Dr. Kevin Walter. "In my mind, how the hell can a brain injury not be a big deal?" </p>
<p>Many researchers believe that young people may be more vulnerable than adults to permanent brain injuries after a concussion because their brains are still developing. At the same time, young athletes are increasingly under pressure to practice year-round, a trend that increases the chances for a head injury.</p>
<p>Because of recent headlines about permanent brain injuries being found in professional athletes known to have experienced multiple concussions, a number of states and youth sports organizations have been looking into the issue.</p>
<p>Source:</p>
<p>"<a href="http://www.google.com/hostednews/ap/article/ALeqM5g-wHvMTW9P2Qu_8z_gxbSlng4jQgD9HTJHRO0">ER visits for concussions soar among kid athletes</a>"&nbsp;(Associated Press, August 30, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>Beeping Hard Hat Designed to Prevent Construction Accidents</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/beeping-hard-hat-designed-to-prevent-construction-accidents.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.24412</id>

    <published>2010-08-30T17:56:25Z</published>
    <updated>2010-08-31T16:13:44Z</updated>

    <summary>Every day in the U.S., five workers die in construction accidents. &quot;A lot of construction equipment is dangerous and it&apos;s noisy, too,&quot; says Matt Reynolds, an assistant professor of electrical and computer engineering at Duke University. &quot;Being a construction worker...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Construction Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="constructionaccidents" label="Construction Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="workplacesafety" label="Workplace Safety" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>Every day in the U.S., five workers die in construction accidents. "A lot of construction equipment is dangerous and it's noisy, too," says Matt Reynolds, an assistant professor of electrical and computer engineering at Duke University. "Being a construction worker is one of the world's most dangerous occupations."</p>
<p>"The problem is, the operator of heavy equipment and the construction worker frequently don't have a good line of site," he explained in a recent interview with the Durham, North Carolina, Herald-Sun.</p>
<p>"The construction worker might have his back turned to the equipment and not hear it approach. Frequently they get into the path of a machine."</p>
<p>One strategy tried over the years to cut down on this kind of <a href="http://www.alabamajusticecenter.com/PracticeAreas/Construction-Accidents.asp">construction accident</a> is the familiar beeping backup alarm on commercial vehicles.</p>
<p>The backup alarm is only partly effective, however. For one thing, most construction workers wear hearing protection, which can make the backup alarm seem quieter and farther away than it actually is. Ear protection devices can also interfere with directional hearing.</p>
<p>Another issue is that back alarms are everywhere -- particularly on construction sites. They indicate that a vehicle is backing up somewhere in the vicinity, but they don't tell you that it's right behind you -- and you're in the way.</p>]]>
        <![CDATA[<p>Reynolds believes he has a new workplace safety device that could solve those problems and further reduce the incidence of dangerous and often fatal construction accidents. He calls the device, which he has been working on for two years with civil and environmental engineering professor Jochen Teizer of Georgia Tech, a SmartHat.</p>
<p><strong>Technical Challenges Overcome to Get an Alarm So Audible 'It's Like It's Inside Your Head'</strong></p>
<p>It seems like an obvious idea -- a hard hat that beeps when construction equipment is nearing that specific helmet's wearer. The reason no one has been able to make one before is simply that the battery technology wasn't available.</p>
<p>"Battery technology doesn't operate well in extreme temperatures," Reynolds explains. "When it's very cold or very hot, when it's under a lot of stress, it fails."</p>
<p>The SmartHat uses radio waves as a power source, which wasn't feasible until recent advancements in silicon technology made it possible to keep radio wave energy concentrated over longer distances.</p>
<p>In the SmartHat system, radio frequency identification (RFID) tags and antennas are mounted on equipment like backhoes and bulldozers. The tags transmit information about the vehicle's location -- and power for the SmartHat -- over radio waves.</p>
<p>On the receiving end, a microprocessor and wireless beeper are attached to the inside of the hard hat. As a vehicle approaches, the hat's beeper begins to sound, and then speeds up, giving location-specific information less likely to be ignored.</p>
<p>It also seems a lot louder.</p>
<p>"It's a very audible beeping sound that's inside your hat. In fact, it's very disconcerting -- it's like it's inside your head," says Reynolds. "It definitely makes you take notice of the situation. You can hear it even if you're wearing ear protection."</p>
<p>The SmartHat <a href="http://www.alabamajusticecenter.com/PracticeAreas/Construction-Accidents.asp">construction safety</a> device isn't commercially available yet. Reynolds and Teizer say they're "in the very, very early stages" of development, having created a variety of prototypes and conducted field tests on construction sites in the Atlanta area.</p>
<p>Related Resource:</p>
<p>"<a href="http://www.heraldsun.com/view/full_story/9242196/article-Hard-hat-alerts-workers-to-dangerous-equipment?instance=most_recommended">Hard hat alerts workers to dangerous equipment</a>"&nbsp;(Durham Herald-Sun, August 23, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>Two 17-Year-Olds Killed Tues. in Fatal Truck Accident Near Ardmore</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/two-17-year-olds-killed-tues-in-fatal-truck-accident-near-ardmore.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.24320</id>

    <published>2010-08-27T20:09:47Z</published>
    <updated>2010-08-27T20:09:20Z</updated>

    <summary>According to the Georgia State Patrol and emergency officials, two teenagers from Limestone County were killed on Tuesday afternoon after their car collided with a logging truck near Ardmore. The fatal accident occurred about 5 p.m. on Bain Road, about...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Wrongful Death" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="Car Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="Fatal Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="teendrivers" label="Teen Drivers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccidents" label="Truck Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="Wrongful Death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>According to the Georgia State Patrol and emergency officials, two teenagers from Limestone County were killed on Tuesday afternoon after their car collided with a logging truck near Ardmore.</p>
<p>The fatal accident occurred about 5 p.m. on Bain Road, about six miles south of Ardmore, state troopers told the Huntsville Times. 17-year-olds Jordon Young of Toney and John McCowen of Ardmore were the victims of the <a href="http://www.alabamajusticecenter.com/PracticeAreas/Wrongful-Death.asp">wrongful death</a> accident.</p>
<p>State troopers say that Young was the driver of the 2002 Chevy Cavalier the boys were in during the truck accident. They suspect that Young ran a stop sign before hitting the logging truck, which was heading southbound on Mooresville Road.</p>
<p>Both boys were killed immediately in the car accident and were pronounced dead at the scene. Both had been wearing seatbelts.</p>]]>
        <![CDATA[<p>The driver of the truck, 61-year-old Clifton Stubblefield of Petersburg, Tennessee, suffered only minor injuries in the accident.</p>
<p>Although police have not said who was at fault in the <a href="http://www.alabamajusticecenter.com/PracticeAreas/Truck-Wrecks.asp">truck accident</a>, the teen driver may have been negligent if he did, in fact, run the stop sign before the collision. An investigation into the cause of the accident is ongoing. Whether the teen driver or the trucker was at fault, the family of John McCowen may have a wrongful death claim.</p>
<p>Related Resource:</p>
<p>"<a href="http://blog.al.com/breaking/2010/08/two_teens_killed_in_accident_n.html">Two teens killed in accident near Ardmore</a>"&nbsp;(The Huntsville Times, August 25, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>Huntsville Man Writes Book About Survivng &apos;Internal Decapitation&apos;</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/huntsville-man-writes-book-about-survivng-internal-decapitation.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.23684</id>

    <published>2010-08-25T19:36:31Z</published>
    <updated>2010-08-25T19:36:44Z</updated>

    <summary>&quot;I&apos;m lying face up in a hospital bed,&quot; reads part of the first chapter of Huntsville trucker Mike Sanderson&apos;s book about surviving the almost unsurvivable -- a spinal cord injury involving a complete severing of his head from his neck....</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Brain Injury" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="huntsville" label="Huntsville" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="spinalcordinjuries" label="Spinal Cord Injuries" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccidents" label="Truck Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>"I'm lying face up in a hospital bed," reads part of the first chapter of Huntsville trucker Mike Sanderson's book about surviving the almost unsurvivable -- a <a href="http://www.alabamajusticecenter.com/PracticeAreas/Catastrophic-Injuries.asp">spinal cord injury</a> involving a complete severing of his head from his neck. </p>
<p>"Metal is inserted into my head and both sides of my neck to keep my head intact. There's a tube in my mouth that's connected to a machine that keeps forcing air in and out of my lungs. The metal from the halo has dug so deep into my lower back that flesh is exposed. There's an awful pain in my head and I'm bandaged up like a mummy."</p>
<p>The term for the injury Sanderson survived is "internal decapitation." His head had been completely separated from his spine. The only thing that kept his head on his body was flesh and ligaments.</p>
<p>"They said if I was a skinny guy, my head would have been rolling around in the truck," Sanderson said in a recent article in the Huntsville Times.</p>
<p>Miraculously, after 28 days of partially induced coma, two surgeries, and nearly two months of rehabilitation, Sanderson not only survived but recovered without being paralyzed. Today, 36-year-old Sanderson can walk and is hindered mostly by his inability to move his head from side to side.</p>
<p>"When everybody's telling me that 97 percent of the people in the whole world don't make it through and three percent are paralyzed, and I didn't go through any of that, why not tell the world about it?" he says.</p>
<p><strong>Sanderson's Catastrophic Truck Accident Resulted in an Injury Even Most Neurosurgeons Never See</strong></p>]]>
        <![CDATA[<p>The truck accident occurred in September 2007. A driver for Alabama Concrete on Stringfield Road since 2003 and a commercial driver for more than ten years, Sanderson was experienced driving everything from linen trucks and dump trucks to 18-wheelers and concrete haulers.</p>
<p>That day, Sanderson was hauling a full load of more than 34,000 pounds of concrete to a new subdivision on Winchester Road. It was between 6:30 and 7:30 a.m. when he approached the corner of Winchester and Blue Spring roads.</p>
<p>No one may ever really know what happened next. Witnesses have told Sanderson that he swerved to avoid an accident that had just occurred in front of him. Police say that he was about to run a light and swerved to avoid oncoming traffic.</p>
<p>Whatever the reason for his sudden, braking turn, the momentum of the heavily laden truck caused it to fall on its side, slamming to the ground on the passenger's side. Sanderson was hurled head-first into the side of the truck, which tore the top vertebra from the base of his skull.</p>
<p>Huntsville neurosurgeon John Johnson knew that most doctors in his field would never see a case like this one. </p>
<p>"Was he salvageable?" Johnson said. "That was really the question."</p>
<p>He was. It took intensive medical treatment, but on October 17, 2007, Sanderson opened his eyes after 28 days in a coma.</p>
<p>"Was anybody else hurt?" he asked upon being informed of the <a href="http://www.alabamajusticecenter.com/PracticeAreas/Truck-Wrecks.asp">truck accident</a>. His doctors and family told him no.</p>
<p>"That," he said, "was a lot of pressure off."</p>
<p>Sanderson believes that his against-all-odds recovery shows that something greater was at work. His book about his experience, "On the 28th Day, My Eyes Opened," is scheduled to be released in November by BaHar Publishing of Waterloo, Iowa.</p>
<p>Related Resource:</p>
<p>"<a href="http://blog.al.com/breaking/2010/08/the_miracle_of_huntsville_truc.html">Huntsville trucker Mike Sanderson writes book about surviving decapitation</a>"&nbsp;(The Huntsville Times, August 19, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>&apos;Over the Limit, Under Arrest&apos; Drunk Driving Crackdown Starts Now</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/over-the-limit-under-arrest-drunk-driving-crackdown-starts-now.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.23001</id>

    <published>2010-08-20T17:26:29Z</published>
    <updated>2010-08-20T17:26:27Z</updated>

    <summary>As part of a national campaign to crack down on drunk driving and prevent DUI-related car accidents, the Huntsville PD is setting up impaired driving checkpoints starting today and going through Labor Day, September 6. Huntsville PD and the North...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Drunk Driving" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="Car Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="Drunk Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>As part of a national campaign to crack down on drunk driving and prevent DUI-related car accidents, the Huntsville PD is setting up impaired driving checkpoints starting today and going through Labor Day, September 6.</p>
<p>Huntsville PD and the North Alabama Traffic Safety Office are organizing the campaign in connection with the national "Over the Limit, Under Arrest" campaign through the National Highway Traffic Safety Administration. The event occurs every Labor Day and on other holidays with a high incidence of <a href="http://www.alabamajusticecenter.com/PracticeAreas/Drug-Related-Accidents.asp">drunk-driving accidents</a>.</p>
<p>Some of the DUI checkpoints have been announced ahead of time, while others will not be announced. Officers from Huntsville, Madison County and the Georgia Highway Patrol will be stopping drivers to check for drug or alcohol impairment. They will also check for valid driver's licenses, proof of insurance and other citable safety violations.</p>
<p><strong>Announced DUI Checkpoints Around Huntsville</strong></p>]]>
        <![CDATA[<p>Not all of the drunk-driving checkpoints will be announced. According to the Huntsville Times, police have announced nine of their planned DUI checkpoints:</p>
<table cellspacing="0" cellpadding="2" width="100%" border="0">
<tbody>
<tr>
<td valign="top" width="50%">
<ul>
<li>Drake Avenue at Jordan Lane</li>
<li>University Drive at Memorial Parkway</li>
<li>Bob Wallace Avenue</li>
<li>Bailey Cove Road</li>
<li>Andrew Jackson Way</li></ul></td>
<td valign="top" width="50%">
<ul>
<li>Sparkman Drive</li>
<li>Pulaski Pike</li>
<li>Winchester Road</li>
<li>Moores Mill Road</li></ul></td></tr></tbody></table>
<p>Because they are set up as a general sweep in an organized effort to reduce drunk driving and <a href="http://www.alabamajusticecenter.com/PracticeAreas/Auto-Accidents.asp">car accidents</a>, police can pull over any driver at a DUI checkpoint, regardless of whether that driver is seen committing a traffic offense. </p>
<p>Related Resource:</p>
<p>"<a href="http://blog.al.com/breaking/2010/08/over_the_limit_under_arrest_po.html">Over the Limit, Under Arrest: Police announce drunk driving checkpoint campaign</a>"&nbsp;(The Huntsville Times, August 20, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>Collapse of Fort McClellan Radio Tower Brings Wrongful Death Suit</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/collapse-of-fort-mcclellan-radio-tower-brings-wrongful-death-suit.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.22381</id>

    <published>2010-08-17T22:09:33Z</published>
    <updated>2010-08-17T22:09:44Z</updated>

    <summary>On July 22, 37-year-old Barry Sloan and 41-year-old Jonce Hubble were working on a radio tower in Fort McClellan near Anniston, Alabama. A commercial truck hit one of the tower&apos;s guy wires, causing the tower to collapse. Sloan and Hubble...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Wrongful Death" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="constructionaccidents" label="Construction Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="Fatal Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccidents" label="Truck Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="Wrongful Death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>On July 22, 37-year-old Barry Sloan and 41-year-old Jonce Hubble were working on a radio tower in Fort McClellan near Anniston, Alabama. A commercial truck hit one of the tower's guy wires, causing the tower to collapse. Sloan and Hubble each fell 40 feet, and Sloan was killed instantly.</p>
<p>After the fatal accident, the family of Barry Sloan has filed a <a href="http://www.alabamajusticecenter.com/PracticeAreas/Wrongful-Death.asp">wrongful death</a> lawsuit in east Alabama against the driver of the truck and its owner. The truck was owned by Barnhart Crane and Rigging Company, Incorporated.</p>
<p>According to a statement by Calhoun County Coroner Pat Brown, Sloan was pronounced dead at the scene. Hubble was transported to University of Alabama at Birmingham Hospital immediately after the truck accident, but he died later that night in surgery.</p>]]>
        <![CDATA[<p>Anniston police and the federal Occupational Safety and Health Administration are both investigating the construction accident. No results of either investigation are yet available, and it is not clear how long the investigations will take.</p>
<p>Sloan and Hubble were both from Albertville, but Sloan was returned his family and buried in Amory, Mississippi. No information was available about whether Hubble's family will also file a wrongful death suit in relation to the tragedy. </p>
<p>Related Resources:</p>
<ul>
<li>"<a href="http://www2.nbc13.com/news/2010/jul/29/family_files_wrongful_death_suit_in_radio_tower_fa-ar-661891/">Family files wrongful death suit in radio tower fatality</a>"&nbsp;(WVTM NBC 13, Birmingham, July 29, 2010)</li>
<li>"ANNISTON, ALABAMA: 2 men die in tower collapse" (WVTM NBC 13, Birmingham, July 23, 2010)</li></ul>]]>
    </content>
</entry>

<entry>
    <title>Vehicle Accidents No. 1 Cause of Workers&apos; Compensation Fatalities</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/vehicle-accidents-no-1-cause-of-workers-compensation-fatalities.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.21945</id>

    <published>2010-08-13T20:11:17Z</published>
    <updated>2010-08-13T22:11:47Z</updated>

    <summary>Across the U.S., car and truck accidents are the leading cause of fatal accidents on the job. According to the Bureau of Labor Statistics, there were 2,053 fatal work-related transportation accidents in 2008, which accounted for 40 percent of all...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="Car Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="cellphoneusewhiledriving" label="Cell Phone Use While Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="distracteddriving" label="Distracted Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="Fatal Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="textingwhiledriving" label="Texting While Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccidents" label="Truck Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="workerscompensation" label="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>Across the U.S., car and truck accidents are the leading cause of fatal accidents on the job. According to the Bureau of Labor Statistics, there were 2,053 fatal work-related transportation accidents in 2008, which accounted for 40 percent of all workplace fatalities. 1,149 of those fatal work accidents were highway fatalities.</p>
<p>Just as with drivers generally, a growing cause of work-related motor vehicle accidents is distracted driving. As we reported in our <a href="http://www.huntsvillepersonalinjurylaw.com/2010/07/workers-comp-insurers-want-texting-bans-to-prevent-car-accidents.shtml">July 29 post</a>, workers' compensation insurers have been actively involved in campaigns to prohibit texting and cell phone use while driving. </p>
<p>At least 27 states and numerous municipalities, including Huntsville, have made texting while driving a primary traffic offense, and many also limit cell phone use while driving. Those laws are a positive step, but more can certainly be done. </p>
<p>The first step employers can take to reduce work-related car and truck accidents -- and limit their exposure to <a href="http://www.alabamajusticecenter.com/PracticeAreas/Workplace-Injury.asp">workers' compensation</a> claims -- is simply to put a policy in place.</p>
<p><strong>Employers Need to Step Up to Reduce Work-Related Traffic Accidents</strong></p>]]>
        <![CDATA[<p>"This is the kind of thing we need in highway safety," says Vernon F. Betkey, Jr., chairman of the Governors Highway Safety Association, "to let our motoring public know that this is not just something we're running around writing tickets for; it has actually reached the big boys up in Washington."</p>
<p>The next step is to work with professional drivers and their employers to cut down on driver distraction on the job.</p>
<p>"Our association thinks they're a huge piece of this puzzle," Betkey said in an interview with Occupational Health &amp; Safety magazine. "[Y]ou can reach so many people through the employer, and employers have such a vested interest in the health and welfare of their employees."</p>
<p>Many employers are taking the cue. Betkey cited the policy implemented by KCI Technologies Inc. of Sparks, Maryland, as a solid example.Its policy covers any vehicle owned, leased or rented by the company and used by any employee, including temporary workers. It states:</p>
<p>"Employees avoid using a cell phone or other electronic devices while driving. Incoming calls received while driving are allowed to go to voicemail. The vehicle is safely pulled off the road and stopped if it is necessary to use a cell phone. Conversations are suspended during hazardous situations such as bad weather. Employees always stay focused on driving the vehicle in a safe manner."</p>
<p>Furthermore, workers are held personally responsible for the damages if a company car or truck is damaged because they were talking or texting while driving.</p>
<p>KCI backs up its policy by aggressively screening employees' driving records at the time of hiring and periodically thereafter. </p>
<p>"We've found people with suspended licenses that were driving our vehicles. Some people with pending DUIs were driving our vehicles," says KCI chairman and CEO Terry Neimeyer.</p>
<p>"The economic impact to an employer is not only on the job, it's off the job," says Betkey. "It should be very attractive for an employer to at least have a policy telling employees what steps to take."</p>
<p>Related Resource:</p>
<p>"<a href="http://ohsonline.com/articles/2010/03/01/near-term-solutions-for-distracted-driving.aspx">Near-Term Solutions for Distracted Driving</a>"&nbsp;(Occupational Health &amp; Safety magazine, March 3, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>Bernie Mac&apos;s Wife Sues Dermatologist for Comedian&apos;s Wrongful Death</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/bernie-macs-wife-sues-dermatologist-for-comedians-wrongful-death.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.21025</id>

    <published>2010-08-10T20:21:14Z</published>
    <updated>2010-08-10T20:21:59Z</updated>

    <summary>According to the Chicago Sun-Times, comedian Bernie Mac&apos;s wife has filed a wrongful death suit against a doctor who treated him less than a month before his death. Rhonda McCullough is suing dermatologist Rene Earles because he failed to recognize...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Wrongful Death" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="berniemac" label="Bernie Mac" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="Wrongful Death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>According to the Chicago Sun-Times, comedian Bernie Mac's wife has filed a <a href="http://www.alabamajusticecenter.com/PracticeAreas/Wrongful-Death.asp">wrongful death</a> suit against a doctor who treated him less than a month before his death. Rhonda McCullough is suing dermatologist Rene Earles because he failed to recognize the symptoms of serious cardiopulmonary problems that should have sent Bernie Mac straight to a hospital.</p>
<p>McCullough is seeking a $50,000 judgment against the dermatologist for contributing to Bernie Mac's death through negligence. The delay in treatment caused by Earles's failure to notice obvious symptoms of serious health problems, McCullough argues, contributed to complications, ultimately leading to Bernie Mac's death.</p>
<p>Bernie Mac died on August 9, 2008, at age 50, from complications related to pneumonia. He had chronic inflammatory lung disease.</p>
<p>He was most famous for his roles as Frank Catton in the Ocean's Eleven series, the title character in Mr. 3000, and as the star of The Bernie Mac Show, which earned him two Emmy Award nominations for Outstanding Lead Actor in a Comedy Series.</p>
<p><strong>Doctor Was Treating Bernie Mac for Inflammatory Lung Disease</strong></p>]]>
        <![CDATA[<p>Earles is a dermatologist, which is a medical doctor. Generally, any medical doctor has the responsibility to notice life-threatening symptoms of disease and either treat them or refer the patient for appropriate treatment.</p>
<p>In this case, Earles was treating Bernie Mac for skin lesions caused by the comedian's inflammatory lung disease. According to McCullough's lawsuit, Bernie Mac's abnormal vital signs and unusual weakness should have signaled to Earles that he needed immediate hospitalization.</p>
<p>Earles "failed to recognize cardiopulmonary instability in Bernie" and "failed to recognize and act upon abnormal vital signs and signs of respiratory failure," according to the complaint in the wrongful death lawsuit.</p>
<p>Earles denies the allegations that his negligence contributed to Bernie Mac's death. He says that he provided treatment for the skin lesions and, when Bernie Mac showed signs of weakness, he had the patient sleep for a few hours.</p>
<p>Later, Earles realized that Bernie Mac had been diagnosed with pneumonia in both lungs. At that point, he instructed Mac to go to the hospital, he says.</p>
<p>"It was entirely devastating. Look, Bernie was my patient. Bernie was my friend. We became extremely close -- we were like brothers," he told the Chicago Sun-Times.</p>
<p>Related Resources:</p>
<ul>
<li>"<a href="http://www.myfoxatlanta.com/dpps/entertainment/bernie-mac-wife-sues-doctor-for-wrongful-death-dpgonc-20100806-fc_9051405">Bernie Mac's Wife Sues Doctor for Comedian's Wrongful Death</a>"&nbsp;(Fox 5 Atlanta, August 6, 2010)</li>
<li>"Bernie Mac" (Wikipedia, the free encyclopedia)</li></ul>]]>
    </content>
</entry>

<entry>
    <title>19 Year-Old, Alcohol Providers Sued for Deadly DUI Car Accident</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/19-year-old-alcohol-providers-sued-for-deadly-dui-car-accident.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.20663</id>

    <published>2010-08-06T21:34:15Z</published>
    <updated>2010-08-06T21:34:36Z</updated>

    <summary>Isaac Holdsambeck, 19, is the driver of a Ford F-250 that flipped on May 2 at the entrance to Hampton Cove subdivision, injuring two of his passengers and killing a third. That same month, the father of one of those...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Drunk Driving" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="alcohol" label="Alcohol" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="caraccidents" label="Car Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="dramshopliability" label="Dram Shop Liability" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="Drunk Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="Fatal Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="teendrivers" label="Teen Drivers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="victimsofdrunkdrivingaccidents" label="Victims of Drunk Driving Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="Wrongful Death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>Isaac Holdsambeck, 19, is the driver of a Ford F-250 that flipped on May 2 at the entrance to Hampton Cove subdivision, injuring two of his passengers and killing a third. That same month, the father of one of those injured filed a personal injury lawsuit against Holdsambeck, who is accused of <a href="http://www.alabamajusticecenter.com/PracticeAreas/Drug-Related-Accidents.asp">drunk driving</a>, along with anyone who may have provided alcohol to the teen driver.</p>
<p>Toxicology reports for Holdsambeck were released on August 3 by the state forensics lab in Birmingham. According to police, the reports showed that Holdsambeck was under the influence of both alcohol and marijuana the night of the <a href="http://www.alabamajusticecenter.com/PracticeAreas/Auto-Accidents.asp">car accident</a>. He was also driving on a suspended license.</p>
<p>Holdsambeck was arrested that same day. He faces three counts of third-degree assault and a reckless murder charge for the fatal accident. He was released from jail after paying a $75,000 bond. </p>
<p>17 year-old Thomas Huffman Sanders is the passenger who initiated the lawsuit. Bryan Burkett and Justin Gantt, both 18, were also injured in the car accident. 16 year-old Mohammad Fulladi died from his injuries in June.</p>]]>
        <![CDATA[<p>The lawsuit claims negligence and wantonness against Holdsambeck, who had been cited previously for violating Alabama's open container law. It also seeks compensation from unknown persons who provided Holdsambeck with alcohol.</p>
<p>Under a legal concept called "dram shop liability," victims of drunk driving accidents can sue alcohol providers if they contributed to the accident. For example, if a bar or restaurant continues to serve an obviously drunk patron who then goes on to injure someone in a drunk-driving accident, that bar or restaurant could be held liable for the accident.</p>
<p>In this case, those who provided alcohol to Holdsambeck were doing so in violation of the law, so they may be held responsible if they can be identified.</p>
<p>So far, the family of Mohammad Fulladi does not appear to have filed a wrongful death lawsuit against Holdsambeck or anyone else.</p>
<p>Related Resource:</p>
<p>"<a href="http://blog.al.com/breaking/2010/08/lawsuit_filed_against_19-year-.html">Lawsuit filed against 19-year-old driver targets those who supplied alcohol</a>"&nbsp;(The Huntsville Times, August 5, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>Where Will Oil Spill Work Injury &amp; Wrongful Death Cases Be Tried?</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/08/where-will-oil-spill-work-injury-wrongful-death-cases-be-tried.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.20134</id>

    <published>2010-08-04T20:48:37Z</published>
    <updated>2010-08-04T20:47:52Z</updated>

    <summary>The Gulf Oil Spill -- the largest oil spill and one of the largest industrial accidents in history -- has already resulted in hundreds of lawsuits seeking billions of dollars in damages. Wrongful death and workers&apos; compensation-type claims for those...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Gulf Oil Spill" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="gulfoilspill" label="Gulf Oil Spill" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="industrialaccidents" label="Industrial Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="workerscompensation" label="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="Wrongful Death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>The Gulf Oil Spill -- the largest oil spill and one of the largest industrial accidents in history -- has already resulted in hundreds of lawsuits seeking billions of dollars in damages. <a href="http://www.alabamajusticecenter.com/PracticeAreas/Wrongful-Death.asp">Wrongful death</a> and <a href="http://www.alabamajusticecenter.com/PracticeAreas/Workplace-Injury.asp">workers' compensation</a>-type claims for those who were injured or killed in the rig explosion were only the first. They have been followed by lost revenue claims by thousands of Gulf Coast businesses, shareholder lawsuits against BP, and cleanup claims by the federal government.</p>
<p>Most of the lawsuits have been filed in federal courts in Texas, Louisiana, Alabama and Florida, but economic loss and environmental damage claims have been filed in federal courts in a dozen states. Most of the cases name BP, Transocean Ltd., Halliburton Energy Services and Cameron International Corp. as co-defendants.</p>
<p>As if it weren't enough to have hundreds of lawsuits filed in at least a dozen jurisdictions, eight federal judges in the area have said they can't take on any oil spill-related cases because they have potential conflicts of interest. For example, they may own property affected by the oil spill, or they may own stock in one or more of the companies. That has severely limited the availability of area judges to handle these cases.</p>
<p>All of this may mean another record for the Gulf Oil Spill -- the most complex litigation maze in history.</p>
<p>To address challenges like these, the U.S. Supreme Court appointed a panel of federal judges in 1968 called the Judicial Panel on Multi-District Litigation. The panel held the first hearings last week to decide where the oil spill cases should be heard and whether similar claims can be grouped or consolidated.</p>]]>
        <![CDATA[<p><strong>BP Argues for a Texas Venue, Federal Government Wants Louisiana </strong></p>
<p>BP's U.S. headquarters are located in Houston, and the company argues that most of the cases should be tried there. The federal government and plaintiffs located in Louisiana prefer the cases to be handled in New Orleans.</p>
<p>Under both state and federal law, cases are generally handled by the court that has jurisdiction where the events leading to the controversy took place. There are a wide variety of exceptions, however -- especially in cases like this one where the events took place in multiple jurisdictions.</p>
<p>Federal law is the same throughout the United States, so the location of the court doesn't matter when it comes to what law will be applied. The decision on which federal court will take on some or all of the cases is being made mostly for practical reasons. Ideally, the right scheme would consolidate evidence, avoid duplication and promote fairness.</p>
<p>One lawyer representing victims of the oil spill thinks the most important consideration should be justice. "The place that has suffered the most impact deserves to have the scales balanced," he told the Judicial Panel on Multi-District Litigation.</p>
<p><strong>Groups of Cases Could Be Consolidated or Tried by the Same Court</strong></p>
<p>The panel may also decide that similar cases should be consolidated into a single lawsuit, or that similar cases should be tried in the same court. This could make it easier to ensure that similar plaintiffs receive comparable results.</p>
<p>The wrongful death and workers' compensation-type claims by workers on the Deep Horizon rig might represent one group, claims for lost revenue could be a second, environmental harm claims a third and shareholder disputes could be a fourth, for example.</p>
<p>Most important in the justice system is for the process to promote a fair result based on the law and the facts at hand.</p>
<p>"The entire country has watched this disaster 24/7," summarized one plaintiffs' lawyer. "They'll be watching the litigation. This case requires a jurist above reproach." </p>
<p>Related Resource:</p>
<p>"<a href="http://www.bloomberg.com/news/2010-07-29/bp-fights-u-s-government-oil-spill-victims-over-venue-for-gulf-lawsuit.html">BP Fights U.S., Spill Victims Over Venue for Lawsuits</a>"&nbsp;(Bloomberg, July 29, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>Workers&apos; Comp Insurers Want Texting Bans to Prevent Car Accidents</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/07/workers-comp-insurers-want-texting-bans-to-prevent-car-accidents.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.19532</id>

    <published>2010-07-29T22:10:40Z</published>
    <updated>2010-07-29T22:10:28Z</updated>

    <summary>U.S. employers and workers&apos; compensation insurers are increasingly worried about the cost of work-related car accidents. Distracted driving accounts for a growing number of those accidents, which can cost them big in terms of workers&apos; comp claims and lost productivity....</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="Car Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="cellphoneusewhiledriving" label="Cell Phone Use While Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="distracteddriving" label="Distracted Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="textingwhiledriving" label="Texting While Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="workerscompensation" label="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>U.S. employers and <a href="http://www.alabamajusticecenter.com/PracticeAreas/Workplace-Injury.asp">workers' compensation</a> insurers are increasingly worried about the cost of work-related car accidents. Distracted driving accounts for a growing number of those accidents, which can cost them big in terms of workers' comp claims and lost productivity.</p>
<p>In the area of driver safety, employers are growing more interested in lobbying governments across the U.S. to implement more restrictive driver safety laws. Initiatives include speed cameras, bans against cell phone use and texting while driving, and changes to DUI enforcment.</p>
<p>As of July, 27 states have passed texting bans that categorize texting while driving as a primary offense, meaning that law enforcement can stop and ticket texting drivers even though they haven't violated any other traffic law. By early next year, nine states will have laws prohibiting cell phone use while driving. Those numbers don't even count municipal texting bans like the one just passed in Huntsville.</p>
<p><strong>How Does Distracted Driving Impact Workers' Compensation?</strong></p>]]>
        <![CDATA[<p>Occupational Health &amp; Safety magazine recently interviewed public safety officials from several states about campaigns to reduce car accidents generally and work-related crashes in particular. </p>
<p>In Massachusetts, the issue came to the forefront when five state troopers' cruisers were hit by cars in a single five-week period. Nationwide, almost half of all police officers killed in the line of duty this year were victims of fatal car accidents.</p>
<p>"Every day, our troopers deal with drunk, erratic, aggressive, negligent, and distracted drivers," said Colonel Marian McGovern of the Massachusetts State Police. Ten MSP cruisers have been hit by drunk drivers so far this year. </p>
<p>It's not just traffic cops who are at risk, of course.</p>
<p>"Just this past weekend," McGovern said, "a young woman was killed on Route 495 in Haverhill when, according to preliminary evidence, she lost control after either texting or looking at her cell phone.</p>
<p>"That very same morning, in Worcester, another young woman for some reason ended up going the wrong way, against the traffic, on Route 190. She drove into a pickup truck occupied by two young men. All three people were killed."</p>
<p>Other traffic and law enforcement professionals interviewed told the same alarming story of increases in distraction-related wrecks, including skyrocketing rates of fatal accidents.</p>
<p>In Missouri, cell phone use was the likely cause of 791 car accidents so far this year, including eight deaths. In Arizona, freeway speed cameras activated 2.7 million times between September 2008 and July 15 of this year. In Ohio, fatal traffic accidents are up 12 percent this year.</p>
<p>With those numbers, it's no surprise that employers and their workers' compensation insurers are paying attention.</p>
<p>"The public needs to be aware of the consequences of impaired and distracted driving, and of speeding, and being too aggressive," said McGovern.</p>
<p>Related Resource:</p>
<p>"<a href="http://ohsonline.com/articles/2010/07/20/driving-safety-not-optional.aspx?admgarea=news">Driving Safety Isn't Optional</a>"&nbsp;(Occupational Health &amp; Safety magazine, July 28, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>Preventing Car Accidents: Huntsville Texting Ban Begins Sept. 20</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/07/preventing-car-accidents-huntsville-texting-ban-begins-sept-20.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.19217</id>

    <published>2010-07-26T22:01:30Z</published>
    <updated>2010-07-26T22:00:28Z</updated>

    <summary>On July 22, the Huntsville City Council unanimously approved the ban against texting while driving within city limits. The ordinance makes it illegal for drivers to &quot;send, receive, download or view&quot; text messages, e-mails, photos, videos and music or to...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="Car Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="cellphoneusewhiledriving" label="Cell Phone Use While Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="distracteddriving" label="Distracted Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="huntsville" label="Huntsville" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="mayortommybattle" label="Mayor Tommy Battle" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="textingwhiledriving" label="Texting While Driving" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>On July 22, the Huntsville City Council unanimously approved the ban against texting while driving within city limits. The ordinance makes it illegal for drivers to "send, receive, download or view" text messages, e-mails, photos, videos and music or to manipulate GPS navigation units while your vehicle is in motion, but does not prohibit cell phone use while driving. <strong>Enforcement will begin on September 20.</strong></p>
<p>A number of other Alabama cities have passed or are considering bans against texting while driving. Birmingham approved an anti-texting ordinance on July 13, and at least six other communities already have one in place, according to a recent editorial in the Huntsville Times. Athens and Madison are considering similar bans.</p>
<p>According to Madison Police Chief Larry Muncey, national traffic research shows that 26 percent of <a href="http://www.alabamajusticecenter.com/PracticeAreas/Auto-Accidents.asp">car accidents</a> are caused by distracted driving, such as when drivers send or read text messages or talk on cell phones while they drive.</p>
<p><strong>How the Ban on Texting While Driving Works</strong></p>]]>
        <![CDATA[<p>The texting ban -- or more accurately, the ban on "using a wireless device while driving" -- will be enforced as a secondary offense only. That means that you can't be pulled over for the sole reason that an officer observed you violating the ban. Instead, you can be ticketed for violating the new ordinance only if the police stop you for violating another traffic or criminal law.</p>
<p>The main goal of the new law is to prevent car accidents. Mayor Tommy Battle, who has been an outspoken proponent of the ban, has said that drivers involved in text messaging are 23 times more likely to get into a car accident than drivers who are not distracted.</p>
<p>"We need to make sure we're not multi-taskers as we drive," he said in a July 8 interview with the Huntsville Times. "If you keep your eyes on the road and your mind on what you're doing, everybody arrives safe."</p>
<p>If you are caught violating the texting ban, you could face a $100 fine and ten days in jail for a first offense. A second offense could get you a $200 fine and 30 days in jail, and a third could mean a $500 fine and up to three months in jail.</p>
<p><strong>Here are a few examples of what the new law prohibits:</strong></p>
<ul>
<li>Reading or sending text messages or e-mails</li>
<li>Actively manipulating a smart phone, laptop, electronic tablet computer or netbook</li>
<li>Reading from an electronic device such as a Kindle</li>
<li>Entering commands into a GPS navigation device</li></ul>
<p>Related Resources:</p>
<ul>
<li>"<a href="http://blog.al.com/times-views/2010/07/editorial_drivr_txt_ban_gud_1s.html">EDITORIAL: Drivr txt ban gud 1st start</a>" (John Peck, The Huntsville Times, July 25, 2010)</li>
<li>"Texting while driving ban could get green light at tonight's Huntsville City Council meeting" (The Huntsville Times, July 8, 2010)</li></ul>]]>
    </content>
</entry>

<entry>
    <title>Wal-Mart Faces Class Action for Workers&apos; Compensation Conspiracy</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/07/wal-mart-faces-class-action-for-workers-compensation-conspiracy.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.19003</id>

    <published>2010-07-23T19:43:48Z</published>
    <updated>2010-07-23T19:43:32Z</updated>

    <summary>A class that could include as many as 6,900 Wal-Mart employees in Colorado is suing the retailer and its insurers in federal court for conspiring to interfere with their workers&apos; compensation-related medical treatment. They&apos;re accusing the companies of violating the...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="walmart" label="Wal-Mart" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="workerscompensation" label="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>A class that could include as many as 6,900 Wal-Mart employees in Colorado is suing the retailer and its insurers in federal court for conspiring to interfere with their <a href="http://www.alabamajusticecenter.com/PracticeAreas/Workplace-Injury.asp">workers' compensation</a>-related medical treatment. They're accusing the companies of violating the federal Racketeer Influenced and Corrupt Organizations Act (RICO) as well as Colorado's Consumer Protection Act.</p>
<p>Attorneys for the employees believe this could lead to class actions against Wal-Mart in other states with similar consumer protection laws, which prohibit employers from dictating the terms under which workers can obtain medical treatment for workplace injuries.</p>
<p>"The court was able to see that the case was really about the overall policy and procedure that Wal-Mart employed," the plaintiffs' lawyer told the National Law Journal in April. "It's a violation of the law for the employer to involve itself -- in any way -- in dictating the care of injured workers in Colorado."</p>
<p>The lawsuit names Wal-Mart, its workers' compensation insurer Home Assurance Co., its benefits adjuster Claims Management Inc., and care provider Concentra Health Services as defendants and co-conspirators.</p>]]>
        <![CDATA[<p><strong>What Is the Basis for the Claims Against Wal-Mart?</strong></p>
<p>The federal lawsuit, Gianzero v. Wal-Mart, is based on claims by Ms. Gianzero and several other employees that Wal-Mart conspired with Home Assurance Co. and Claims Management Inc. to "dictate, withhold, delay, deny and/or interfere with" the type and duration of the medical care they were to receive after being injured on the job. The goal of the conspiracy? To save money.</p>
<p>One of the named plaintiffs, Ms. Jensen, claims that her care was intentionally curtailed after she was struck by a pallet at work in 2007. She appealed her workers' compensation claim to an administrative law judge who granted her request to be given a new doctor.</p>
<p>A physician who worked for Concentra provided affidavits on behalf of the plaintiffs saying that he felt pressured by his superiors to change his recommendations about medical care for injured Wal-Mart employees.</p>
<p>Wal-Mart argued that the class action was unjustified because some of the employees in the class had not suffered any harm from the allegedly unlawful policies, and that others hadn't made their workers' comp claims until after the policies had been changed. Their arguments were denied, and a U.S. District judge certified the class action in March.</p>
<p>In its defense, Wal-Mart denies the allegations and also points out that, since their policies have been changed, the lawsuit is no longer relevant.</p>
<p>Related Resources:</p>
<ul>
<li>"<a href="http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202447309916">Rx for DISASTER! Suit Says Wal-Mart Messed With Workers' Med Treatment</a>"&nbsp;(The National Law Journal, April 2, 2010, via Law.com)</li>
<li>"Wal-Mart Is Sued Over Care" (The Wall Street Journal, July 21, 2010</li></ul>]]>
    </content>
</entry>

<entry>
    <title>Young Workers Twice as Prone to Workplace &amp; Construction Accidents</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/07/young-workers-twice-as-prone-to-workplace-construction-accidents.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.18689</id>

    <published>2010-07-21T17:40:05Z</published>
    <updated>2010-07-21T17:41:06Z</updated>

    <summary>A recent report from the National Institute for Occupational Safety and Health (NIOSH) shows that workers 24 and younger are twice as likely to suffer workplace injuries and wrongful death as other workers. Among the most common were injuries resulting...</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Construction Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="constructionaccidents" label="Construction Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="Fatal Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="workerscompensation" label="Workers&apos; Compensation" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="wrongfuldeath" label="Wrongful Death" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>A recent report from the National Institute for Occupational Safety and Health (NIOSH) shows that workers 24 and younger are twice as likely to suffer workplace injuries and wrongful death as other workers.</p>
<p>Among the most common were injuries resulting from <a href="http://www.alabamajusticecenter.com/PracticeAreas/Construction-Accidents.asp">construction accidents</a>, such as being struck by or caught in industrial equipment. Construction was also the industry with the second highest rate of fatal accidents.</p>
<p>The report was an analysis of on-the-job injuries and deaths occurring between 1998 and 2007. Overall, nearly 8 million young workers were injured, with the highest rate of accidents among workers who were 18 and 19.</p>
<p>The most common types of accident for all workers, but particularly for young people, were being struck by or against a tool or machine, being rubbed or abraded, or being caught in or crushed in machinery.</p>
<p>"Employers need to ensure that their younger workers have the requisite training and personal protective equipment to perform their jobs safely," the report urged. </p>
<p><strong>How Can the Risk of Workplace and Construction Accidents Be Reduced?</strong></p>]]>
        <![CDATA[<p>The NIOSH analysis demonstrated that injuries to younger workers were consistently associated with three factors. The first was hazards in their workplaces, such as the use of ladders and knives. The second was a perception among workers that there was pressure to complete their work more quickly. </p>
<p>The third was minority status. In fact, the study showed that young Hispanic workers were much more likely to be killed in fatal workplace accidents than comparable black or white workers.</p>
<p>The best way to prevent accidents -- along with <a href="http://www.alabamajusticecenter.com/PracticeAreas/Workplace-Injury.asp">workers' compensation</a>, personal injury and wrongful death claims -- is communication and training, the report concludes.</p>
<p>According to the report, young people "might be less likely to recognize hazards, less likely to speak up regarding safety, and less aware of their legal rights as workers."</p>
<p>"This might be exacerbated for some groups of workers, such as Hispanics and workers in their first jobs," NIOSH points out. </p>
<p><strong>What Supervisors Can Do to Prevent Injuries to Younger Workers</strong></p>
<p>According to health and safety experts, job supervisors are in the best position to influence young workers and their work habits. Employers should make sure to:</p>
<ul>
<li><strong>Remember that they lack experience.</strong> Something that might be obvious or common sense to an experienced worker may be a new concept for a younger employee.</li>
<li><strong>Show young workers how to safely use equipment and explain why it is critical.</strong> It's also essential to provide a variety of equipment sizes.</li>
<li><strong>Set consequences for failing to follow health and safety rules.</strong></li>
<li><strong>Routinely check on their use of equipment.</strong> Correct any misuse of equipment and re-explain its importance.</li>
<li><strong>Implement a mentoring or buddy system with older workers.</strong> Coworkers can play a vital role in spotting problems and in encouraging a safety culture.</li>
<li><strong>Encourage questions.</strong> Younger workers may be reluctant to speak up, so try to spot signs that they are unsure. </li></ul>
<p>Related Resource:</p>
<p>"<a href="http://www.riskandinsurance.com/story.jsp?storyId=472045558">NIOSH: Injury Rate Among Young Workers Significantly Higher</a>"&nbsp;(July 8, 2010)</p>]]>
    </content>
</entry>

<entry>
    <title>ANSI Fall Protection Code Issued to Prevent Construction Accidents</title>
    <link rel="alternate" type="text/html" href="http://www.huntsvillepersonalinjurylaw.com/2010/07/ansi-fall-protection-code-issued-to-prevent-construction-accidents.shtml" />
    <id>tag:www.huntsvillepersonalinjurylaw.com,2010://2082.18084</id>

    <published>2010-07-15T21:30:16Z</published>
    <updated>2010-07-15T21:30:12Z</updated>

    <summary>Falls and trip hazards are the cause of a significant number of workplace and construction accidents every year, including a major cause of fatal accidents. According to the Bureau of Labor statistics, there were 680 fatal workplace falls in 2008....</summary>
    <author>
        <name>Johnston, Moore &amp; Thompson</name>
        <uri>http://www.huntsvillepersonalinjurylaw.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=2082&amp;id=2262</uri>
    </author>
    
        <category term="Construction Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="constructionaccidents" label="Construction Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="Fatal Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="safetytips" label="Safety Tips" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="sliptripandfallaccidents" label="Slip, Trip and Fall Accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.huntsvillepersonalinjurylaw.com/">
        <![CDATA[<p>Falls and trip hazards are the cause of a significant number of workplace and <a href="http://www.alabamajusticecenter.com/PracticeAreas/Construction-Accidents.asp">construction accidents</a> every year, including a major cause of fatal accidents. According to the Bureau of Labor statistics, there were 680 fatal workplace falls in 2008. OSHA lists inadequate fall protection second on its list of top ten safety violations. It issued 6,771 citations for lack of fall protection that year.</p>
<p>In order to reduce the number of injuries and fatalities due to workplace and construction accidents, the American National Standards Institute (ANSI) has developed a new code for the prevention of trips, slips and falls at work.</p>
<p>ANSI's new code, known as the ANSI Z359 Fall Protection Code, is a voluntary national consensus standard intended to serve as an authoritative document that both those who work at heights and their employers can use to prevent workplace slip, trip and fall accidents. </p>
<p><strong>Free Webinar on New Fall Protection Code to Be Held August 11</strong></p>
<p>OH&amp;S (Occupational Health &amp; Safety) magazine is offering a webinar to explain the new fall safety code, its evolution, highlights and significance.&nbsp; Those interested will have to sign up with OH&amp;S's website, but signing up is free. After doing so, you can log in and register for the webinar.</p>]]>
        <![CDATA[<p>The webinar's presenter will be Randall Wingfield, owner and founder of a fall protection and engineering firm called Gravitec Systems, Inc., where he provides safety tips and training as well as expert witness testimony. Wingfield was instrumental in the development of the new ANSI Z359 fall protection code and has worked on fall protection standards nationwide and internationally. He is president of the International Society for Fall Protection, a nonprofit focused on reducing workplace and construction falls through the promotion of research and the facilitation of strong communication among those in affected industries.</p>
<p>The talk will discuss the highlights of the existing standards and ten draft standards for fall prevention. He will explain how the new code will impact those who work at heights, fall protection program administrators, equipment manufacturers and other industry professionals, and engineers who design fall protection systems.</p>
<p>The webinar is scheduled for one hour on August 11, 2010 at 2:00 p.m. EST. For more information or to register for the event, refer to "<a href="http://ohsonline.com/webcasts/2010/06/the-evolution-of-the-ansi-asse-z359-fall-protection-code-and-what-you-need-to-know.aspx?admgarea=webinar&amp;tc=page0on">The Evolution of the ANSI ASSE Z359 Fall Protection Code and What You Need to Know</a>"&nbsp;OH&amp;S's website.</p>
<p>Related Resource:</p>
<p>"The Evolution of the ANSI ASSE Z359 Fall Protection Code and What You Need to Know" (OH&amp;S magazine)</p>]]>
    </content>
</entry>

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