Statistics showed that returning Army soldiers fighting in combat zones were 23 percent more likely to be involved in a car accident, while statistics for Marines rose 12.5.percent. Accidents involving Navy service members rose by three percent and Air Force members by two percent.
]]> USAA determined through the study that the defensive techniques learned through driving in war zones around Kabul and Baghdad constituted the reason for the increased number of car wrecks. Once soldiers return home, many of them are likely to continue driving using the same techniques on U.S. roadways, resulting in a higher number of wrecks nationwide, including in Louisiana.Defensive driving techniques focusing on survival are part of training when deployment is into an active combat area. They are used in efforts to avoid improvised explosive devices (IEDs) planted along roadways that are set to explode upon impact. Some soldiers continue to exhibit the training when they see objects along highways once they return home.
Soldiers who are deployed to combat zones three or more times are 36 percent more likely to have a wreck, while soldiers deployed twice are 12 percent more likely to have an accident.
Source: Reuters, "Returning soldiers have more car crashes: study," Ben Berkowitz, April 24, 2012
]]>Depakote is a top-selling drug approved by the Food and Drug Administration (FDA) for use in the United States by patients with bipolar disorder conditions. The agency has never approved the drug for any other use.
]]> Notwithstanding that, federal investigators say that Abbott sales teams, under the guidance of and pursuant to the directives of top management within the company, systematically marketed the drug for additional uses over a period of many years. In fact, a specialized sales force was developed to promote Depakote to nursing home patients for use as a dementia treatment, despite no clinical evidence ever existing that the drug provides any benefit for that condition.Depakote was additionally pushed as a treatment for schizophrenia, autism and other unapproved uses, all without any supporting studies having been done on dangerous side effects that might result for some users.
The settlement amount includes both criminal and civil fines, paid to both the federal government and states. A criminal fine and forfeiture of $700 million was assessed, with civil penalties totaling about $800 million. One-hundred million dollars will go to 45 states and the District of Columbia to settle consumer claims.
Source: Bloomberg, "Abbott Labs agrees to pay $1.5B over Depakote," Pete Yost, May 7, 2012
]]>And it's not even a close call.
In fact, one state motorcycle dealer says that in-state sales really began to soar in 2011, owing to a number of factors that include, obviously, the high price of gas.
The dramatic increase of bikes on the road inevitably -- and quickly -- leads to motorcycle crash concerns, which are always borne out when there are increasingly higher numbers of novice riders taking to the streets and interstates.
]]> That is the certainly the case in Louisiana, where the statistics on sales of new and used motorcycles are dramatically skewed when compared to sales nationally. Sales across the country generally, for example, rose about two percent last year. According to the general manager of a Harley Davidson dealership in New Orleans, sales locally were up about 18 percent over the same period.Motorcycle riding has a special aura and mystique all its own for many millions of bike enthusiasts. It also has singular safety concerns: It is no no mystery that a motorcycle accident can have particularly devastating consequences, given the lack of protection accorded a rider, the unique driving skills required to operate a bike, and the mistakes that are often made by other motorists who don't see or properly respond to motorcyclists in their vicinity.
May is Motorcycle Safety Awareness Month nationally, an initiative that reminds all motorists to think about bike safety issues.
That shouldn't be hard to do, but, given motorcycle crash statistics, it is obviously a consistent and enduring problem. Officials from the NHTSA note, for example, that motorcyclists are five times more likely to be involved in an accident than are drivers of passenger vehicles.
Source: WWL First News, "Motorcycle sales in LA outpace the national average," Shana Rose, April 26, 2012
]]>The new certification process, governed by the Federal Motor Carrier Safety Administration, is intended to heighten safety regulations for commercial drivers in order to reduce the frequency of truck accidents in Louisiana and elsewhere in the United States. The certification process also ensures that medical examiners are aware of the risk factors that can increase a truck driver's odds of being involved in a truck wreck.
]]> In addition, the FMCSA has developed a database -- the National Registry of Certified Medical Examiners -- to keep track of which medical examiners are cleared to conduct agency-approved medical testing.This month, the FMCSA will make its training and testing standards available to all medical examiners, giving them the opportunity to meet the necessary standards to be deemed qualified health care professionals. Drivers, law enforcement officials and other individuals can also review the training standards to be fully informed of the process and requirements.
Health care professionals have until May 2014 to get on the National Registry. If they don't become fully accredited and register by that time, they will be unable to perform medical exams on commercial drivers.
Commercial drivers will be required to pass a Department of Transportation medical examination at least every two years. Successfully completing the training will allow a commercial driver to hold a valid medical certificate and retain his or her commercial driver's license.
Source: Occupational Health & Safety, "DOT announces final rule on training for medical examiners," April 19, 2012
]]>If reliability of the technology becomes well established, many cars will likely be equipped with transmitters that use bandwidth to relay information about10 times per second concerning locations and driving conditions. The technology could cut car accident and fatality statistics considerably nationwide. With real-time transmissions, drivers could avoid traffic congestion, chances of a car wreck, and save fuel as a bonus.
]]> "This is really a game-changing technology that could help cars from crashing into one another," said Christopher Poe, assistant director at the Texas Transportation Institute. "You, in essence, could help prevent two cars from ever colliding, that being the ultimate goal."Officials with the National Highway Traffic Safety Administration also approve of the idea. Ron Medford, deputy director says that, "This connected-vehicle technology could address about 80 percent, or four out of five, of all the unimpaired driving crashes in America."
The technology, when deemed ready and appropriate for wide use, would send a transmission to and from vehicles on the nation's highways, including those in Baton Rouge and surrounding areas of Louisiana, giving a heads-up for drivers to take appropriate action, such as slowing, changing lanes, taking alternative routes and so forth.. The critical alerts could include a verbal warning, a seat vibration or seat belt jerk. The vehicle could also begin slight braking on its own.
Source: Washington Post, "The not-too-distant future if driving: When cars can talk, crashes may be avoided," Ashley Halsey III, April 10, 2012
]]>"In south Louisiana, we know that in five minutes, the weather can change," says a spokesperson for the Lafayette Parish Sheriff's Office.
]]> The river accident occurred earlier this month, with the Iberia Parish Sheriff's Office noting that the 36-foot boat in which the two men -- aged 65 and 39, respectively -- were traveling crashed and caught fire. The reasons underlying the tragic mishap were not readily apparent immediately following the crash, and authorities are still investigating the accident. The two men were Florida residents.The Louisiana Department of Wildlife and Fisheries (LDWF) states that, despite the cause of the crash being unknown, boaters on state waterways can still take steps that will increase their safety on lakes, rivers and out in the Gulf Coast in most cases.
At the top of authorities' recommendations is participation in a boating safety course offered through the LDWF and other law enforcement agencies. That course is already required for persons who operate a boat with a 10 horsepower engine or greater and who were born after January 1, 1984.
Boating experts also state what is essentially a yearly mantra and annual refrain for every boat driver and passenger: Wear a lifejacket at all times when out on the water.
And stay on top of weather predictions and changing conditions, they add, as well as avoid drinking alcohol while engaged in boating activities.
Source: Shreveport Times, "Officials urge boating safety after crash," Amanda McElfresh, April 16, 2012
]]>The dangerous side effects have been well noted and publicized over the past several years, with a number of persons calling Yasmin and Yaz flatly defective drugs that have led to many strokes and heart attacks in women, as well as at least 50 deaths.
]]> As a result of that dire information, Bayer is striving to avoid drowning under what one commentator has called a "wave of litigation," with estimates of as many as 11,000 lawsuits facing it. Federal cases against the company were consolidated in a St. Louis district court for pretrial proceedings, with a series of trials scheduled to take place early this year.Those were put on hold when, earlier this spring, Bayer asked the court to bring in a mediator to explore settlement possibilities. Several close observers of the litigation called that a sound strategy, with one of them noting that, "As a German company, Bayer probably would like to avoid the risks and costs of litigation in U.S. courts."
The initial results of that strategy were gleaned just earlier this month, when it was announced that Bayer had settled about 500 claims against it for approximately $110 million. That figure equates to about $220,000 per case.
"Sounds to me like mediation is paying off," says a product liability professor, who notes that Bayer might be content with that type of average individual payoff in lieu of facing the uncertainties and potentially much higher liability that litigated court cases could bring.
Source: Bloomberg, "Bayer said to pay $110 million in Yaz birth control cases," Jef Feeley and Margaret Cronin Fisk, April 13, 2012
]]>Avoiding a truck wreck caused by sleep apnea should begin with medical examiners evaluating all drivers with a body mass index (BMI) of 35 or more. If adopted, these standards will apply to truckers in Louisiana and throughout the United States. The FMCSA proposal is now in the "comment" stage. FMCSA is also accepting comments on additional recommendations pertaining to sleep apnea screening and treatment.
]]> These recommendations would immediately disqualify a driver who fell asleep while driving or having a fatigue-related truck accident. The driver would then need to undergo an evaluation and, if necessary, sleep apnea treatment. To alleviate potential lost driver income, a medical evaluator could approve a 60-day conditional card during the evaluation and treatment process.The Medical Review Board has advocated tougher standards for sleep apnea screening since 2008. It believes that current rules, which do not mandate testing or treatment, overlook dangerous fatigue conditions, leading to truck accidents. The panel selected a BMI of 35 from research indicating that this level of body fat, based on driver height and weight, is a key indicator of potential sleep apnea. The higher the BMI, the greater the possibility of sleep apnea.
A respected Harvard Medical School professor quantified the truck wreck risk of a driver with sleep apnea as 242 percent greater than a person without the condition. Some carriers concerned about this serious problem have instituted their own screening and treatment programs. If these regulations become final, all licensed carriers would participate in the program.
Source: Trucking Info, "FMCSA proposes guidance for sleep apnea," Oliver B. Patton, April 20, 2012
]]>The research was conducted by the Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute. The top sellers were chosen from 2010 and 2011 model years. The child restraints in 21 of the models were easy to attach, while the others were difficult to locate and connect. In the case of a car wreck, a child in an improperly restrained car seat can easily suffer serious -- and sometimes fatal -- injuries.
]]> The insurance trade industry group says the problem has resulted nationwide, including in Louisiana, because car makers do not pay close enough attention to how the latch system must work to successfully restrain children."Installing a child restraint isn't always as simple as a couple of clicks and you're done," said Anne McCartt, the report's author and the insurance institute's senior vice president for research. "Sometimes parents blame themselves when they struggle with Latch, but oftentimes the problem lies with the vehicle, not the user."
Researchers have concluded that many times the anchors are attached too deep into the seats to be accessible. These metal tabs are designed to secure the child seat to the vehicle. Of the 98 vehicles studied, only 36 latches were visible, and of those, only 21 were easy to use. Too much effort was required to locate the latch, which was hindered by seat buckles and belts.
Source: Chicago Tribune, "Insurance group says car design hinders use of child safety seats," Jerry Hirsch, April 11, 2012
]]>Does that make any practical difference to consumers in Louisiana and elsewhere who have bought Chrysler products?
In fact, it does, and in this very material way: If you purchased a Chrysler vehicle prior to the company's restructuring and are involved in a car accident that owes to a product liability issue with the vehicle, you can forget about bringing a punitive damage claim for injuries suffered.
]]> That protection is singular to Chrysler as an automaker and owes to federal law that enables bankruptcy claimants to shed themselves of product liability and certain other risks. It trumps any state law that might provide otherwise. The rationale is that a company without a tremendous downside for risk is more attractive to buyers and can emerge from bankruptcy with a greater chance for business success.Chrysler has in fact come out of bankruptcy with a bang, and is now profitable for the first time in years. It credits that success, in part, with the certainty that comes from knowing that it will not be held liable in any case for punitive damages involving vehicles sold prior to the bankruptcy.
That might -- and maybe should -- make many Chrysler vehicle owners a bit edgy. The exemption applies to about 28 million vehicles currently in use, and the liability shield granted the company for a car wreck, says one liability expert, operates as "a free pass on some of [its] most egregious past mistakes."
Chrysler says it will continue to pay damages in lawsuits involving pre-Fiat-deal vehicles, but only to the extent they are actual and not punitive.
Source: Wall Street Journal, ""Chrysler got legal shield in Chapter 11," Mike Spector, April 4, 2012
]]>The investigations, which are being handled by the National Highway Traffic Safety Administration (NHTSA), are following up on two complaints within the past month concerning fires in both of those vehicle models. Additional instances of fire breaking out have also been reported, with several of those reports stating that the vehicles were in motion when the fires occurred. Car accident concerns are thus a focal point of the NHTSA's safety probe.
]]> One vehicle owner, upon seeing smoke coming out from underneath an interior panel, pulled over to the side of the road. Shortly thereafter, the vehicle became engulfed in flames. Fire department officials guessed that the cause of the fire was electrical.The story is consistent with other complaints contending that the vehicles caught on fire while in use.
Although no injuries have been reported in relation to the fire outbreaks, the increased risk of a car wreck leading to an injury or fatality remains.
The investigations are accompanied in the automotive industry by several vehicle recalls recently by different automakers. Honda is recalling more than half a million CR-Vs and Pilots from 2002 to 2004 due to potential low-beam light failures.
Chrysler is also recalling approximately 2,000 other vehicles due to safety hazards. Chrysler said its actions in announcing a recall were voluntary in that it initiated the recall without being spurred on by the NHTSA or another authoritative body.
But once a product manufacturer becomes aware of the potential safety hazards posed by a product, it is required to initiate a recall to inform the public of the potential dangers.
Source: New York Times, "Fires prompt investigations of 277,000 Chevy Cruzes and 100,000 Jeep Wranglers," Christopher Jensen, April 6, 2012
]]>Coupled with those claims, too, are settlement figures that are ultimately expected to be in the many billions of dollars. The owner of the rig -- BP -- has already spent billions on damages and clean-up costs from a claims fund set up following the accident.
]]> The April 20, 2010, incident took the lives of 11 rig workers and seriously injured more than a dozen other workers. Many wrongful death and other injury claims have already been settled, but an unstated number of unresolved cases yet remain.Close followers of recent developments in the matter say that the claims might now be even further delayed by a recent proposed settlement between BP and many coastal business owners.
That proposal, which was filed last month in the New Orleans federal court that is handling the case, put out a preliminary figure of $7.8 billion to settle all outstanding issues between the oil company and the business owners. The settlement does not include injury and death claims, however, and it could further delay the claims of those who have refused to settle and want their cases heard in court.
The reason: The U.S. District Court is now focused primarily on the pending settlement, and Judge Carl Barbier has delayed ruling on several motions from injured claimants to have their cases go to trial or be removed to other courts.
One estimate is that some litigants might now not be able to get into court for more than a year.
Source: Fuel Fix, "Those left out of BP settlement," Loren Steffy, March 12, 2012
]]>The study, conducted by researchers at the Medical University of South Carolina and the University of Virginia Health System, concluded that the risks of accidents for teens with the cognitive disorder are greater than for adults who are legally drunk.
]]> Research indicates that teens with learning problems should put off learning to drive until they are older, or maybe not learn at all, although there is no indication they cannot become good drivers. The most difficult challenge facing teens who are ADHD is their attention span, which could lead to a serious crash. Maturity is the other factor that should be considered in getting a driver's license. Making sure the teen is ready and demonstrates good judgment are critical factors.Most ADHD teens take medication that works as a stimulant to help them focus (such as Ritalin or Adderall), and taking the medication can also help reduce in many instances the chances of having an accident. Most states, including Louisiana, require that teens have 40 to 50 hours of driving practice before being eligible for a license. Researchers agree that teens with ADHD should be required to have more hours of practice to qualify for the licensing exam.
Source: New York Times: "Study: ADHD teen drivers run higher crash risk," March 27, 2012
]]>German automaker BMW announced last week a massive recall of 1.3 million of its vehicles to remedy a problem with incorrectly mounted battery cable covers that could bring about electric system malfunctions. That in turn could cause fires and car accidents.
]]> No car crashes or other mishaps have yet been reported, but BMW is sufficiently wary to have acted promptly and comprehensively to the problem, especially in light of previous criticism it has received from American regulators for acting slowly in response to other safety-related matters.The recall affects 5-series and 6-series models built between 2003 and 2010. The 5-series encompasses what BMW deems mid-priced offerings, with the latter being its more fully loaded and upscale offerings.
The number of vehicles being recalled is noteworthy for the fact that it essentially equals the number of cars that BMW sold globally last year.
BMW has been doing well recently, especially in the United States, where it sold more than 300,000 cars last year and is firmly entrenched as the country's leading luxury brand.
It is presently uncertain whether the recalls will affect that position, given that BMW cars have never been known in the automotive industry for being at or near the apex of reliable vehicles.
Overall, the recall affects nearly 370,000 cars in the United States, close to 300,000 vehicles in Germany, and about 100,000 in Britain and China, respectively.
Source: Forbes, "Big BMW recall affects 1.3 million cars worldwide," Micheline Maynard, March 27, 2012
]]>Two years in the making and with the help of other scientists, physicist Mike Watkins developed the application, which is said to be 99 percent accurate. An Internal Department of Energy grant of about $50,000 funded the study that Watkins first considered while listening to a speech given by Transportation Secretary Ray LaHood.
]]> "Imagine a parent walking across a room, and you could see their footprints," Watkins said. "Fast or slow, those prints would be fairly regular. But now imagine they're helping a toddler learn to walk. The steps are much more erratic." That pattern is similar, Watkins says, to how researchers see finger movements from a person trying to text and drive.Watkins said that phone patterns are erratic and distinct while a person is driving compared to texting patterns while not driving. The team began to create the mathematical equation and develop the software that could turn off telephone service if erratic phone usage is detected.
In 2009, well more than 5,000 people were killed in car crashes across the United States due to driver distractions. An additional 448,000 were injured. Many states have considered banning cell phone use while driving, and place certain restrictions on the practice. In others, including Louisiana, texting while driving is absolutely prohibited.
"This is not about bashing cell phones," Watkins said. "They're wonderful devices that do a lot of great things. But if you can shut them down, or just let people know when they're being distracted, I think that can only help."
Source; The Columbian, "Physicist finds way to detect texting behind the wheel," Sue Vorenberg, March 21, 2012
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