Wrongful Death

December 4, 2014

What’s The Buzz?

by Louthian Law Firm

buzzed-driving “What’s the buzz, tell me what’s a-happening, what’s the buzz, tell me what’s a-happening . . . .” Andrew Lloyd Webber’s 70’s rock musical Jesus Christ Superstar posed the question. And I have the answer:

“The buzz” is achieved by drinking alcohol to a BAC level of 0.01 to 0.07 percent, less than the 0.08 BAC of drunk driving. And “what’s a-happening” is that lots of folks are going to be doing it between now and New Year’s Day and getting behind the wheel. They’re going to think – mistakenly – that because they are only buzzed, rather than drunk, they’re unlikely to cause an accident.

Researchers at the University of California, San Diego, however, have found that even “minimally buzzed” drivers are more often to blame for fatal car crashes than sober drivers. After analyzing statistics from the nationwide Fatality Analysis Reporting System (FARS), they concluded: “There appears to be no safe combination of drinking and driving . . . .” There is no sudden transition from sober (blameless) to drunk (dangerous). Rather, the progression is even and linear from a BAC of 0.01 to BAC 0.24. Even a small amount of alcohol can cause a fatal crash.

August 19, 2014

A Refresher In School Bus Safety

by Louthian Law Firm

A peculiar accident on an Eastern Kentucky school bus has left the bus attendant hospitalized in critical condition and transportation authorities conducting an investigation. With school children recently returning to class and the big yellow buses resuming their routes, it’s a good time for everyone – students, parents and school district employees alike – to review the rules for safe school bus transportation.

The accident occurred August 14, around 4:00 p.m. A school bus had picked up students at an elementary school and was en route to a middle school for more students. A clipboard stored under the dashboard fell onto the stairs at the front exit of the bus, prompting the bus monitor to leave her seat and step into the stairwell to retrieve the clipboard. The driver briefly took his eyes off the road to watch the attendant, but it was long enough to cause the bus to veer out of the lane. When the driver realized they were headed for some mailboxes, he jerked the bus to the left, causing the monitor to lose her balance and fall against the closed doors. The doors opened and the attendant fell on to the road and rolled into a ditch, unconscious. She was airlifted to a hospital and remains in critical condition.

August 5, 2014

Beware The UFO In Your Car

by Louthian Law Firm

When we think injuries suffered in a motor vehicle accident, we generally think of those caused by the impact from an outside force – another car or truck, or a tree or highway sign. We’re not surprised that some injuries are a result of a hard blow with a portion of the vehicle itself – the steering wheel, windshield, or even airbags. But what frequently causes injury to occupants of a wrecked vehicle are flying objects. They’re not exactly “unidentified” flying objects, because we all know what they are – cell phones, purses, laptops, groceries, golf clubs – anything that is loose in the passenger compartment. We’ll call them “unsecured flying objects.”

The Physics of a Car Crash

A car crash may be thought of as having two phases: a first is the collision between the vehicle and other objects; then there is a second collision between the occupants and the vehicle itself or other objects inside the vehicle. It’s a double whammy.

July 5, 2014

Used Car Buyers,“Beware!”

by Louthian Law Firm

Shopping for a used car or truck? You probably assume that the dealer will have fixed any recalled parts and that it’s safe to drive off the lot. If that’s what you think, you’re probably wrong.

Already in 2014, 39.85 million vehicles have been recalled. How many of those do you think are sitting on used-car lots? And the dealer is not required to fix a recall defect on a used car before selling it. In fact, they don’t even have to tell you about the outstanding recall. Federal law prohibits auto dealers from selling new cars that are under a safety recall, but there is no similar law to protect used car buyers.

This is why nearly a dozen consumer safety groups have filed a petition with the Federal Trade Commission urging the FTC to investigate and take enforcement action against CarMax, the used-car superstore chain. The groups allege that CarMax uses deceptive advertising and sales practices when it characterizes its used vehicles as “CarMax Quality Certified” and assures consumers that each used vehicle has passed a rigorous inspection. Rosemary Shahan, President of Consumers for Auto Reliability and Safety (CARS), said, “CarMax is playing recalled used car roulette with its customers’ lives.”

June 2, 2014

These Statistics Are Not Inflated

by Louthian Law Firm

If you’re like most parents nowadays, you’re looking every year for something to make your child’s birthday party special. Pin the Tail on the Donkey gave way long ago to more adventurous activities, things like the increasingly popular bounce house, set up in your own backyard by one of thousands of party rental companies. Kids think they’re loads of fun, and parents assume they’re safe . . . that is, until an accident happens and a child is injured or killed. You should be aware that injuries on inflatable amusement structures are not uncommon.

The U.S. Consumer Product Safety Commission (CPSC) estimates that more than 4,000 emergency room visits a year in the United States are linked to inflatables. Bounce houses (also known as moonbounces) cause the vast majority of injuries, but they’re not the only inflatable amusement attractions. Slides, obstacle courses, climbing walls and interactive (such as boxing or jousting) inflatables also feature in the accident statistics.

May 27, 2014

Zooming in on Zip Lines in South Carolina

by Louthian Law Firm

Is a zip line ride on your bucket list? Are you planning to include an aerial adventure in your summer vacation plans, maybe on one of the lines in Myrtle Beach or crossing the Blue Ridge Mountains in North Carolina? Spend a little time inquiring about the company’s safety and inspection policies. The Redwoods Group Foundation provides risk analysis and insurance for camps, community centers and playgrounds. They encourage scrutiny of zip lines from the standpoint of design, installation, maintenance and supervision.

“They are spreading like fast-food hamburger joints.” That’s what Mike Teske told the Los Angeles Times, and he wasn’t talking about nail salons. Teske is the technical director for a zip line company, and he also heads a panel drafting national safety standards for zip lines. Zip lines are the latest commercial adventure craze, offering thrills to at least 18 million people each year, according to the Association for Challenge Course Technology (ACCT).

May 13, 2014

Systematic Injustice

by Louthian Law Firm

I recently read an article in The Atlantic about a January 2014 ruling made by Judge J. Michael Baxley in Richland County state court. I’m including a link to that article here because I want you to have access to the judge’s opinion and other documents relating to the subject of South Carolina’s deplorable prison conditions, and The Atlantic author provides those for you.

Judge Baxley came down hard on the state’s corrections department, legislators, medical community, and even the legal community, writing that this class action brought on behalf of 3,500 mentally ill inmates was “the most troubling” case he had seen in 14 years on the bench. He found that these vulnerable members of the inmate population were treated with systematic and pervasive abuse, neglect and injury. Some poor souls were kept in solitary confinement for more than 2,000 consecutive days. The description of the filthy conditions of their cells is sickening. They were subjected to unnecessary and excessive use of physical force, sprayed with chemicals, and chained or otherwise restrained in torturous positions for hours at a time. Not surprisingly, numerous deaths and suicides are detailed in the judge’s opinion.

April 25, 2014

FDA Warns Of Steroid Injections For Back Pain

by Louthian Law Firm

On April 23, 2014, the FDA issued a Drug Safety Communication about corticosteroids administered through epidural injection. Commonly used for back and neck pain, the injections may cause permanent blindness, stroke, paralysis, and death, according to the FDA’s warning. Other serious adverse events have included spinal cord infarction, seizures, nerve injury, and brain edema. The reactions may occur within minutes or up to 48 hours after the epidural corticosteroid injection.

The drugs’ labels will now have to carry a warning that these serious consequences can follow when the steroid is administered by spinal injection. Injectable corticosteroids include methylprednisolone, hydrocortisone, triamcinolone, betamethasone, and dexamethasone.

The FDA never approved corticosteroids for injection into the epidural space of the spine. For decades, however, doctors have been using them in this “off-label” fashion for treatment of chronic pain. They are, in fact, a common form of pain intervention. In 2011, nearly 9 million Americans received epidural steroid injections.

April 18, 2014

NHTSA Still Has Work To Do On Bus Safety

by Louthian Law Firm

Motorcoaches are a popular way to travel. The Greyhound slogan was “Leave the driving to us,” and many thousands of people do leave the driving to Greyhound and other motorcoach operators every year. In 2010, U.S. motorcoach companies provided nearly 700 million passenger trips, second only to the airlines. Bus transportation is generally safe, but when an accident does happen, there are likely to be multiple victims.

Statistics from the National Highway Traffic Safety Administration show that between 2000 and 2009, there were 87 fatal crashes of motorcoaches, resulting in 209 fatalities.

On April 10, 2014, a fiery collision between a FedEx big rig and a motorcoach carrying California high school students left 10 people dead. The accident is still under investigation, and federal authorities are again considering what measures can be taken to improve the safety of bus passengers. It was only a few months ago that NHTSA issued a rule mandating that all motorcoaches made after 2016 be equipped with three-point shoulder-lap safety belts. The Silverado Stages vehicle in the Orland, California, crash was brand new, and it had seat belts, even though it was not required to. You have to wonder how many of the high school students had actually buckled up.

April 5, 2014

Bad Morals –> Bad Economics

by Louthian Law Firm

FDR said, in his second inaugural address, “We have always known that heedless self interest was bad morals, we now know that it is bad economics.” He was referring to the abuses that led to the 1929 stock market crash and the Great Depression.

Even now, nearly eight decades later, we find that corporate greed has led to unconscionable decisions which, in turn, have resulted in peril for one of America’s industrial giants and for millions of American citizens. I’m referring to the choice by GM not to spend one dollar per car to correct the problems with the ignition switch that has cost at least 12 people their lives and caused 31 accidents. GM itself faces a criminal investigation and multiple lawsuits alleging they knew about the faulty ignition switches in 2002 but waited until 2014 to recall a total of 2.5 million vehicles that have ignition switches that may easily be moved out of the “run” position and into the “auxiliary” position, causing loss of power, steering, braking, airbags and lighting. That’s bad economics any way you look at it.