Personal Injury Lawyer Blog
Motorcycle Accidents Kill More Marines than Combat this Year - Friday, October 31, 2008
In the past 12 months, motorcycle accidents have killed more Marines than have injuries sustained in combat in Iraq. This has alarmed Marine officials so much that they have called a meeting to address the problem. Since November 2007, 25 Marines have been killed on motorcycles. Twenty Marines have died in combat during the same 12 month period. It is estimated that 18,000 of almost 200,000 Marines ride motorcycles. The Navy has also seen an increase in motorcycle deaths with 33 over the past year. This is a jump of 65 percent.
Although the Marine Corps has already taken some measures aimed at reducing motorcycle accidents, such as a mandatory basic riding course, and a second course designed specifically at training Marines who ride sports bikes, top brass will be looking at further ways to keep Marines who ride motorcycles alive. Officials have said that any Marine caught riding that has not gone through the training courses will be punished. Marine officials also believe the courses are working: only three of 300 men and women who have gone through the sports bike course have had accidents.
It was first believed that most of the accidents were involving sailors and Marines who were 18- or 19-years-old, but Navy statistics show that most of the victims were around 25. All but one of the motorcycle accidents involving Marines occurred on sports bikes, such as the Kawasaki Ninja.
Vehicle-Animal Accident Fatalities on Rise - Thursday, October 30, 2008
According to a new study by the Highway Loss Data Institute, vehicle-animal accident fatalities have more than doubled in 15 years. The report found that there were 223 fatalities last year. This is up from 150 in 2000 and 101 in 1993. Over the last 15 years, Texas has seen the most fatalities with 227; Wisconsin follows with 123 and Pennsylvania with 112 fatalities.
The Highway Loss Data Institute and the Insurance Institute for Highway Safety report that most of the fatalities come from collisions with deer. They cite urban sprawl overlapping with deer habitat as the main reason. This is especially present during November, and the study found that insurance claims are three times higher this month than they are from January to September. The study explains that this coincides with the autumn breeding season.
The Governors Highway Safety Association believes the public may perceive these types of accidents to be more common than they actually are, and point to the 12,000 drunken driving fatalities every year for context. They also state that there are no proven countermeasures to these collisions, except fencing which can be very expensive. (The Insurance Institute for Highway Safety stated in 2004 that fencing combined with overpasses and underpasses may be an effective way of countering vehicle collisions with deer.)They suggest people slow down, especially around dusk and on rural roads where deer are most likely to be.
Anne McCartt, Insurance Institute for Highway Safety's senior vice president, agrees the numbers obviously don't compare to alcohol-related accidents, but points out the fact that the numbers of fatalities, as well as accidents involving vehicles and animals, is going up. State Farm Insurance Co. reported a 15 percent increase in claims for these types of accidents over the last five years.
Panel Says FDA Ignored BPA Dangers - Wednesday, October 29, 2008
A panel that is part of the Scientific Board, and a committee of advisors to the Food and Drug Administration, will release a report today critical of the FDA's draft risk assessment of bisphenol A (BPA). BPA is a chemical widely used in such things as hard plastics, baby bottles and the lining of canned food. It has been linked to prostate cancer, diabetes and other health problems in animals. There is also concern that BPA may affect behavioral and brain development in infants and young children.
After taking into consideration literally dozens of studies linking the chemical to health hazards, the report concludes the FDA ignored scientific evidence, used flawed methods, and called the FDA's margin of safety "inadequate." The FDA has accepted some of the criticism and agrees additional research into the chemical "would be valuable." The American Chemistry Council, which represents manufacturers of BPA, has said it will comply with the FDA's decision – whatever that may be.
There is a debate currently brewing about whether to ban BPA completely. Sarah Janssen, a reproductive biologist with the environmental advocacy group Natural Resources Defense Council believes the current levels we are exposed to are not safe. "We should get rid of it in food containers," she says.
Many retailers have already begun selling BPA-free baby bottles, and Canada banned its use in baby bottles outright earlier this month. This is also likely to harden the focus on the FDA's use of industry-funded studies, such as those from Dow Chemical and Charles Gelman, a vocal supporter of BPA.
$5.2 Million Taser Death Award Cut By Judge - Tuesday, October 28, 2008
The family of a man who died after being stunned by Taser-wielding police has had their $5.2 million award reduced to $180,000 by a federal judge. Robert C. Heston was stunned numerous times at his father's house in Salinas, California in February 2005. Heston was allegedly in a methamphetamine-induced state when he was confronted by the police. Police hit Heston numerous times, shocking him some two dozen times. Defense attorneys argued that some of the prongs missed Heston.
The judge in the case agreed with Taser International attorneys that the jury could only award punitive damages if it found the company knew there was a potential for death in the use of its product, and intentionally sold it without warnings. The jury found Taser failed to warn the Salinas police department about the weapon's risks, but didn't believe the company knew the Taser could cause cardiac arrest – even if it should have. This verdict cleared Taser of product defect liabilities, which carried punitive damages.
The judge rejected Taser International's motion for a new trial, claiming there was sufficient evidence to find the company liable for negligence in Heston's death, as well as compensatory damages. Taser's general counsel said punitive damages are not allowed under California law on negligent failure to warn.
There are two more trials coming up involving lawsuits against California police and their use of Tasers against individuals.
Military Plans Motorcycle Safety Classes - Monday, October 27, 2008
Due to the rising number of servicemen killed in motorcycle accidents the last few years, the military has begun to institute training courses for those who plan on riding them. So far, there have been 25 Marines killed in motorcycle accidents in 2008. This is up from 19 in 2007. In 2004, only seven Marines were killed in motorcycle accidents. Many more have been injured.
To try and stem a trend that has become worrisome to officers in the different branches of the military, safety programs have been instituted and trainers sent to different bases across the U.S. and overseas. These groups include the Motorcycle Safety Foundation, a non-profit organization which has trained millions of motorcyclists, and Cape Fox Professional Services. Last month the Marine Corps and Navy signed a five-year $52 million contract with Cape Fox Professional Services to provide an off-duty safety program.
Although Marines have been required to take motorcycle safety courses for years, the classes will now be tailored to what type of motorcycle the troops ride. The most popular motorcycle is the sports bike, and it is the sports bike that has been the bane to many service members killed and injured.
While those involved with the safety programs would like to see the accident rates go down to zero, new ways of getting Marines and sailors to think about safety may be the best approach. Robert Gladden, a program director for the Motorcycle Safety Foundation, says that emphasizing "unit cohesion" may help. "A Marine would never do anything to hurt his unit. Marines would never do anything to risk themselves or their buddies in combat. So why would they do that driving down I-5?"
The Motorcycle Safety Foundation preaches a mantra of road and risk awareness and attitude in their Sports Bike Rider Course. The five main points are:
- Get trained and licensed
- Wear protective gear
- Drive unimpaired
- Ride within your limits
- Be a lifelong learner
By getting those taking the course to feel more confident on their motorcycle, and living with these five messages whenever they climb on a bike, it is hoped the accident rates among service members can drop significantly.
Contact our Personal Injury Lawyers and Attorneys today to find an experienced motor vehicle accident lawyer near you.
