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Faulty Appliances Causing More and More Fires Per New Study by Consumer Reports: More Defective Products in the USA

February 2nd, 2012 by admin

Consumer Reports has just issued the results of its investigation into the safety of commonly used appliances and the news isn’t good: according to Consumer Reports, appliances can start fires just setting there — they may not even be operating when the fire starts — and the cause of the fires all too often are not mistakes made by humans (which the manufacturer is always quick to suggest) but because of a product defect.

Consumer Reports did its usual research including culling through lots of fire data compiled by the federal government, and has found that it’s a 50-50% chance that the defect in the product starts the fire.  Not the human.

Scary stuff here: appliances that turn themselves on.  Fires popping up from flaws in dishwashers. You can read all the details about the study online in the March 2012 issue of Consumer Reports magazine.

8 Things You Can Do To Protect Against Appliance Fires

Meanwhile, Consumer Reports has issued a press release to warn all of us about the real danger of appliance fires and to give 8 tips for protecting against an appliance fire:

  1. Register new appliances. The large number of recalls is a sobering reminder of how important it is for consumers to register their products with manufacturers in order to be promptly notified in the event of a recall. Consumers concerned about their privacy or junk mail need only provide manufacturers with their name, contact information and the appliance’s model number.
  2. Check for recalls. Consumers can sign up for alerts at www.recalls.gov. Those who move into a home with existing appliances should record their make and model and check company websites for any recalls or review customers’ experiences with those products at www.SaferProducts.gov.
  3. Install fire-prevention equipment. Each level of a home and every bedroom should have a working smoke alarm. Consumer Reports recommends smoke alarms have both photoelectric and ionization sensors to provide the fastest response to any type of fire. Also, keep one full-floor fire extinguisher (rated 2-A:10-B:C or greater) on every level, plus a smaller supplemental unit in the kitchen.
  4. Inspect power cords. Check for frayed power cords and never route electric cords (including extension cords) under carpeting, where they can overheat or be damaged by furniture.
  5. Check home wiring. The electrical wiring in older homes cannot always handle the demands of modern appliances. Systems should be inspected by a qualified electrician. An upgrade to wiring may cost several hundred dollars, but is likely worth the added expense.
  6. Practice kitchen safety. Unattended cooking is a common fire-starter, whether using a range or microwave oven. If small children are home, maintain a kids-free-zone of at least 3 feet and use back burners when possible. Consumers should unplug their small appliances, including toasters and coffeemakers, when not in use and or when planning to be away for long periods.
  7. Clear range hoods. Grease buildup in range hoods is another fire hazard, so be sure to clean the vents regularly.
  8. Keep dryer vents clear. Clean the lint screen in the dryer regularly to avoid buildup, which has been listed as a factor in many fires. Use rigid metal dryer ducts instead of flexible ducts made of foil or plastic, which can sag and let lint build. Check ducts regularly and remove any lint buildup.

Once again, another example of how products that are sold everyday today in the United States are not safe.  While federal agencies and private watchdog groups can do much to fight against people being hurt or killed by dangerous products, the truth remains that longstanding products liability laws on the books in Indiana, Illinois, and other states remains one of the strongest weapons against this type of tragedy.  Sad but true that for some manufacturers and distributors and sellers of products today, it is only when they are faced with harm to their bottom line that they will do the right thing.

Be careful out there.

Posted in Defective Products, Equipment and Machine Malfunction, Explosions & Fires, Serious Personal Injury, Work Related, Wrongful Death | No Comments »

Summary of New Fed Laws Governing Commercial Truck Drivers Effective February 27, 2012: Making the Roads Safer For All of Us (If They Are Followed)

January 24th, 2012 by admin

Approximately one month from today, on February 27, 2012, federal law will change regarding commercial trucks driven on American roads as the Federal Motor Carrier Safety Administration (FMCSA) rule changes go into effect.  These are a part of the Hours of Service regulations that have been so hotly debated over the past few years.

We’ve posted about aspects of these new rules before along with the trucking industry’s response to the agency’s proposals; however, it’s important to know the extent of what these new laws are – especially when trucking companies are already voicing their concerns that these new regulations will burden those trying to logistically plan trucking routes.

Summary of the New FMCSA Truck Driver Rules Effective February 2012

Here is a summary of the new February 2012 rules that govern truck drivers driving commercial trucks (big rigs; semis; tractor trailers; etc.) as passed by FMCSA (others will become law later in the year):

1.  Restarts. Two rules work together to impose a new regulation involving 34-hour restarts.

  • 34 hour restarts can be used once a week
  • must have 1 AM to 5 AM home terminal time

2.  Rest Breaks. Now, a new rule requires that trucks cannot drive any longer than 8 hours without taking a 30 minute rest break.

3.  On-Duty Time.  If the truck driver is resting in a parked truck, then he or she can count this as rest time; it is no longer considered on-duty time even though they technically may be setting behind the wheel. It can extend the weekly limits but it cannot extend the 14 consecutive hour daily limit. There is no limit on how long the trucker can rest in a parked truck.

4.  In Attendance Time. This can be tallied as break time if the truck driver is not doing any other work tasks at the time.

5.  Daily HOS Violations. FMCSA considers that 3 hours of HOS violations as ‘egregious’ (i.e., going over the 11 hour per day limit by 3 or more hours) which will be reflected in higher fines, to the tune of $2,750 for the driver and $11,000 for the carrier.

Hours of Service regulations are designed to protect the truck driver and those with whom he shares the road from the ramifications of driving too far and too long without a break behind the wheel of a big commercial vehicle.  The tragedies of big rig semi trucks crashing with other vehicles on the road (which usually weigh so much less than that tractor trailer truck) are often horrific as fatalities are usually involved.

These new regulations are designed to save lives.  And they will.  If truck drivers and carriers follow them.

Posted in Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

Feds Release Final Truck Driver Hours of Service (HOS) Rule: 11 Hour Limit and More Changes

December 29th, 2011 by admin

Truck Drivers will have to obey new laws on how long they drive and how long they have to rest between trips, which means the roads will be safer for all of us.

After so much discussion and so much challenge by various factions of the trucking industry, the final version of the “HOS Rule” has been issued by the federal government.  The official announcement came on December 22, 2011, by U.S. Secretary of Transportation Ray LaHood. You can read the full text of the new HOS Rule online at the Federal Motor Carrier Safety Adminstration (FMCSA) site where it is available as a .pdf download.

What does the new Final HOS Rule Do? Here are some highlights:

  1. The Final Rule has kept the 11-hour per day driving limit that truck drivers now have to follow (which means that those fighting to cut that number back to 10 or lower lost here).
  2. Who’s working?  “On duty time” under the New Rule means any time spent in the truck itself except for the sleeper. It does not include up to 2 hours in the passenger seat right before or right after an 8 hour break in the sleeper when the truck is on the road.  It does not include time resting in a parked truck.   Truckers are on duty while they are waiting to load or unload unless their employer has officially released them from being on the job for the load/unload.
  3. Truck drivers moving big rig semi tractor trailer commercial trucks on American roads are not going to have the same work week:  the new rule takes away 12 hours from the total that a truck driver can be on the road in one week’s time.  That’s a day and a half — a big difference to the trucker and the trucking industry.  Total hours a truck driver can work in one week is now 70 hours, down from 82.
  4. Restarts can be used once every 7 days; under the New Rule, the truck driver gets 2 or more nights of rest between 1 and 5 o’clock in the morning, both changes to the old  restart rule.
  5. Under the New Rule, commercial truck drivers have to stop and take a break of 30 minutes or more after driving for 8 hours on the road.  If the trucker thinks they need that 30 minute break before hitting that 8-hour mark, then they are free to take a break within that 8 hour block as well.

Official Announcement from the Department of Transportation:

WASHINGTON – U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.

“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” said Transportation Secretary Ray LaHood. “This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely.”

As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.

“This final rule is the culmination of the most extensive and transparent public outreach effort in our agency’s history,” said FMCSA Administrator Anne S. Ferro. “With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer.”

FMCSA’s new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver’s work week to 70 hours.

In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.

The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.

The rule requires truck drivers who maximize their weekly work hours to take at least two nights’ rest when their 24-hour body clock demands sleep the most – from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule’s “34-hour restart” provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period.

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.

Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013. The rule is being sent to the Federal Register today and is currently available on FMCSA’s Web site at http://www.fmcsa.dot.gov/HOSFinalRule.


Posted in Job Site Injury, Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related | No Comments »

Indiana State Fair Tragedy Labelled Biggest Story of 2011: Where You Get Injured Makes a Difference in Damages Award You May Receive

December 27th, 2011 by admin

In one of the many end of the year recaps that are being circulated this week, the Indianapolis Star has published its article “the Top 10 Local Stories of 2011,” and topping their list is the tragic crash of the stage rigging at this year’s Indiana State Fair.  (For details, check out our earlier post here or watch this video where Kenneth J. Allen discusses the State Fair tragedy’s consequences.)

One Lesson From the Indiana State Fair Tragedy: Justice May Depend Upon Where the Accident Happened

As Kenneth J. Allen discusses in the above video, the fact that this tragedy took place where it did made a difference for those seeking personal injury damages under the law.  An injury that occurred on a government-related site got different treatment under the law than if would have if the exact same incident had happened at a privately owned location.  The Indiana State Fair took place on state owned fairgrounds.

Under Indiana law, this meant that a cap applied to the damages claim: a cap of $5 million.  If the accident had not been on publicly owned land, then the cap would not be an issue.

Attorney General Announces Settlement in December 2011 – $5 Million is Paid Out

On December 19, 2011, Indiana Attorney General Greg Zoeller officially announced that settlements had been reached with 64 of the 65 claimants in the Indiana State Fair tragedy and that his office expected checks to begin being sent out to these victims by the end of the month. 

Meanwhile, Kenneth J. Allen is working for justice here, going into federal court to ask that this $5 million cap be nixed for the Indiana State Fair victims.  In December 2011, the federal judge okayed Allen’s plan to have federal review of the situation. More on that fight in the months to come.

The Indiana Attorney General seems to have ended 2011 with checks being sent and an idea that this is a done deal.  From the AG’s news release:

“Deciding on compensation for the victims of the State Fair tragedy is one of the most difficult duties the Indiana Attorney General’s Office has ever undertaken. From the start we knew that no matter how we divided the $5 million available, it could never replace the seven lives lost nor erase the pain of the injured and grieving. We did all that was possible to treat victims equitably and to assist them with their medical and financial needs within the amount the law allows,” Zoeller said.

Defending the state’s Tort Claim Fund, which is made up of tax dollars, from claims and potential lawsuits is one of the duties of the Indiana Attorney General’s Office. After the deadly stage rigging collapse August 13 at the Indiana State Fair, Zoeller announced that he would make available the $5 million in tort claim funds the State has, without regard to liability.

Working with nationally-known expert Kenneth Feinberg who administered victim compensation programs after 9/11 and the BP Gulf oil spill, Zoeller’s office designed a victim-centered program where victims could submit tort claims to the state and receive settlement payments on an expedited basis, even if they did not hire an attorney.

A total of 114 individual claimants – including the representatives of the seven deceased – filed a total 101 claims and utilized a customized State Fair claim form the Attorney General’s Office developed. The State also retained a claims management firm, JWF Specialty Company, to receive and review the claims and follow up with claimants to obtain additional medical documentation.

Under the compensation protocol Feinberg helped design, the estates of the seven deceased victims were guaranteed settlements of at least $300,000 each. Another 58 claimants who were most seriously injured and met at least one other protocol criteria were offered payments equal to approximately 65 percent of their medical and hospital bills submitted to date. Since that amount will exhaust the rest of the $5 million the State has available, claimants with non-physical injuries did not receive settlement offers under the protocol.

To be offered settlements, claimants or their attorneys were required to submit documentation of hospital expenses; the form asked that documentation be attached. Offers could not be extended to any claim that lacked medical documentation or where the requested information was not provided. JWF Specialty Company was available to answer questions from claimants and their attorneys throughout the process.

On December 6 the State sent offer notices to 65 eligible claimants or their representatives requesting a prompt reply. Although claimants had the legal right to decline the offers, all but one accepted, including the estates of all seven deceased victims. The remaining $1,691 that one claimant’s attorney declined was redistributed among the other 64 claimants and their offers were recalculated. By accepting offers, claimants sign settlement documents releasing the State of Indiana from future liability. That does not prevent claimants from pursuing separate legal actions against other private entities over the stage rigging collapse.

After offers were extended, three claimants identified conflicting medical billing data that had been previously submitted to claims manager JWF Specialty Company during the claim-filing period. The disputed claims were carefully reviewed, and the State and JWF agreed to resolve the disputes in favor of the claimants, meaning their offers were revised upward by a combined total of $33,027.31. Since by law the State’s cap per incident is a total $5 million and cannot exceed that, JWF Specialty Company graciously agreed to pick up the difference and pay the increased offers to the three claimants out of its own funds.

“JWF Specialty provided invaluable service to the State under extraordinarily difficult circumstances under an accelerated claims-review period. We appreciate their good corporate citizenship in resolving disputes in favor of the claimants in keeping with a victim-centered approach, and we thank them for their expertise on an extremely complicated claims-management process. There was nearly 100 percent participation from those claimants who were offered settlements, an indication we believe of how carefully the protocol was developed,” Zoeller said.

During the process of calculating settlement offers, the Attorney General’s Office participated in mediation with a group of approximately 30 attorneys and law firms representing many claimants and reached tentative accord on the protocol. Settlement offers are with the consent of the Governor’s Office.

“Members of the legal profession who met repeatedly with the State to reach consensus on a compensation program for their clients should be commended for helping bring this process to an expedited conclusion. And I’m enormously grateful to Kenneth Feinberg who donated his services at no charge to the State of Indiana or taxpayers. His wisdom from developing past victim compensation programs after other tragedies was indispensible to my office in helping us navigate through difficult questions. The work of the Attorney General’s Office does not end here and we will continue to diligently represent the State in legal matters involving the State Fair tragedy,” Zoeller said.

Now that the final list of accepted offers has been calculated, the State Auditor’s Office will begin the process of issuing payments by check or electronic funds transfer. The first group of checks is scheduled to be mailed Wednesday and the process should be complete by the end of the year. JWF Specialty Company will follow up with any claimants from whom any additional paperwork is needed.

Posted in Defective Products, Product Liability, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

Construction of High Speed Rail from Chicago to St. Louis: How Safe (or Dangerous) Is It? Railroad Dangers Are Real.

October 27th, 2011 by admin

Right now, money is still being put together to pay for the planned high speed rail system that will serve the 284 mile Chicago – St. Louis Corridor.  Moreover, there’s still lots of chatter about making things even bigger: this week, the Illinois Department of Transportation announced it wants to add more trips between Joliet and St. Louis, for example, which means more tracks.  Two tracks instead of one.

Corridor Tracks Divided Up Between Railroad Companies

Already, various railroad companies have divied things up: Canadian National (CN) has two tracks already set along its section of the corridor (Joliet – Chicago); Union Pacific Railroad (UPRR) has one track in place between between Joliet and Godfrey. In a section that UPRR shares with Kansas City Southern (KCS), one track is set for 10 miles, and then two tracks are ready along another 19 miles. Meanwhile, the Terminal Railroad Association (TRRA) is getting ready for tracks along its 3 mile portion of the Corridor, going over the Mississippi River Bridge and into the St. Louis Terminal.

The High Speed Rail Project has been designed to take some of the travel burden from the cars and planes that currently serve as transportation between Chicago and St. Louis (well, 99% anyway). The goal is to construct two tracks along the Corridor. It’s believed that the new High-Speed Rail will reduce vehicle miles by 1.3 million miles.

What exactly will the High Speed Rail Project do?

From the IDOT website, the following description of these fast trains is given:

IDOT is taking an incremental approach to implementing high-speed rail in the state, similar to how many European countries have implemented high-speed rail service. The 110 miles per hour service on the corridor has the necessary environmental documents, and construction began on September 1, 2010. The public will get first glimpse of 110 mph passenger service between Dwight and Pontiac as early as 2012. IDOT embraces the idea that a network of different but connecting rail services operating at up to both 110 miles per hour and 220 miles per hour may best serve the state’s travel and economic development needs. IDOT recently submitted a grant application to the Federal Railroad Administration for an Alternative Analysis and environmental studies for 220 miles per hour service. However, the application was not selected for funding. Trains operating at 220 miles per hour will be subject to a higher level of safety standards which require grade separations for any rail/highway crossings, dedicated right-of-way and fencing. The development of such a system will take a considerable length of time.

Railroads Are Dangerous — Risk of Serious Personal Injury or Death Now and Later

Railroads, normal ones much less these fancy 220 mph speed demon trains, are dangerous.  Construction of railroads is very risky and workers get seriously injured in the building of these things.  Moreover, once they are built, railway workers are at risk for severe injuries and even death just by doing their work, on the job at the railroad.

Railway workers can be seriously injured from things like equipment failure, driver mistakes or human error, improper supervision, and countless other things.  In fact, it’s so dangerous to work on any railway (much less High Speed Rail) that special federal laws have been passed to protect railroad workers, e.g., The Federal Employers Liability Act (FELA).

Finally, there are all sorts of dangers to the public at large from railroads:  crossings are extremely dangerous in the best of conditions.

Last year, for example, a tragedy that struck a high speed train in Spain was used as an example by local experts of what can happen here, with the proposed new High Speed Rail project.  There, a group of folk tried to run across some tracks after they got off a train, and were crushed to death under the wheels of one of these speeding express trains.

The sad reality is that people are going to be injured or killed from High Speed Rail here — history proves it’s a question of when, not if; therefore, safety concerns should be paramount here as the designs are being nailed down and the budgets are being discussed.  This project needs to be as safe as it can be, from planning stages on paper through actual High Speed Rail use in the years to come.

After all, our family and friends are depending on it.

Posted in Auto Accidents, Illinois Wrongful Death, Indiana Wrongful Death, Job Site Injury, Other Jurisdictions, Railroad Workers (FELA), Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

Hours of Service Regulations: How Many Hours Will Truck Drivers Be Allowed to Drive Without a Break on U.S. Roads? HOS Safety vs. Profits Fight in D.C.

October 20th, 2011 by admin

Hours of Service (HOS) regulations are designed to make American roadways safer for everyone: truck drivers and those with whom they share the roads.  Question is: how long should a truck driver be allowed to drive his big rig semi truck before he’s legally required to pull over and get some rest? Hours of service regulations set that limit, but right now there’s a lot of debate up in Washington D.C. on what that number should be.

Next week (October 28, 2011) the new HOS Regulations set up by the Federal Motor Carrier Safety Administration last December are set to become the law of the land.  Unless Congress blocks them — which is what Congress is trying to do.  (Read the FMCSA chart of the present HOS regulations and the proposed HOS regulations here.)

President Obama vs. Congress on HOS Rules

The Obama administration has proposed HOS regulations for truck drivers which the Republican Congressional leaders (House Speaker John Boehner (R-Ohio) and Majority Leader Eric Cantor (R-Va.)) counter will raise trucking industry costs and therefore, harm the U.S. economy.

The two congressmen wrote a letter to President Obama, estimating “$1 billion in regulatory burden,” resulting from the White House’s HOS proposal.  This is on top of the letter sent to the White House by the House Transportation and Infrastructure Committee (which we posted here a few weeks back).

The White House (via its Federal Motor Carrier Safety Administration) is proposing to cut 1 hour off the current HOS regulations, making truck drivers across the country drive 1 hour less on a trip before they stop for a break.  One hour.

Senate Legislation Introduced To Keep HOS Regulations As They Are: No Obama Decrease

This week, Senator Kelly Ayotte (R-N.H.) introduced proposed legislation to the U.S. Senate that would block the the F.M.C.S.A. from implementing its new HOS rule. The proposal is part of a funding bill stating “… none of the funds made available under this heading may be used to finalize, enforce, or implement the Hours of Service regulations….”

From Senator Kelly Ayotte’s press release on her proposal (full text here), note that this is getting the support of the trucking industry (of course):

U.S. Senator Kelly Ayotte (R-NH) has introduced an amendment to the Fiscal Year (FY) 2012 Transportation Appropriations bill that would block the Obama Administration from implementing its proposed changes for hours-of-service rules for commercial truck drivers. Trucking businesses across the country, including those in New Hampshire, have expressed serious concerns about the negative impact the proposed changes could have on the trucking industry, particularly on small business truckers.

The Administration’s proposed changes could cause significant losses in productivity and increased consumer costs for goods and services, at a time when the economy is still weak. According to the U.S. Department of Transportation (DOT), the proposed changes fail the Federal Motor Carrier Safety Administration’s (FMCSA) own cost-benefit analysis and could result in productivity losses in the range of $2 billion annually.

“This is yet another heavy-handed federal regulation that would disrupt business operations and increase costs for the trucking industry and consumers, and New Hampshire’s truckers are rightfully concerned about the impact of these changes,” said Senator Ayotte, a member of the Senate Commerce Committee. “My amendment would prevent the Administration from implementing these rules which, by DOT’s own admission, are cost-prohibitive and whose impact on safety is unclear.”

Robert Sculley, President of the New Hampshire Motor Transport Association said, “I commend Senator Ayotte for her initiative to stop unnecessary government interference in the commercial motor carrier industry. Our industry has never been safer. The proposed new rules by the Federal Motor Carrier Safety Administration will increase costs and cause delays in deliveries and service. It is critically important that we continue to operate under the current Federal guidelines and we applaud Senator Ayotte in her efforts in this area. Not only will truck owners and operators feel the brunt of additional cost if this change takes place, but so will all New Hampshire residents as almost all goods and services are delivered by truck in New Hampshire. While there is never a good time to unnecessarily increase costs, this could not be a worse time as our country and state struggle to recover from the ongoing economic recession.”

The current rules, in effect since 2003, have successfully reduced crash-related injuries and fatalities, despite truck mileage increasing by 10 billion miles. The FMCSA’s proposed changes would reduce a driver’s maximum daily driving time from 11 hours to 10 hours and reduce the on-duty “work day” from 14 hours to 13 hours. The proposed rule change also would impose new restrictions on the minimum “34-hour restart,” which allows drivers to work more weekly hours if they take 34 consecutive hours off, making use of the minimum period impossible. The changes also fail to account for delays in picking up cargo, known as “detention time.” Senator Ayotte wrote to Secretary of Transportation Ray LaHood in February and June urging DOT not to implement the new rules changes.

Senator Ayotte’s amendment is supported by the New Hampshire Motor Transport Association, the American Trucking Association, and the Owner-Operator Independent Drivers Association.

What’s The Big Deal? The FMCSA Explains Reasons for the New Regulations

The new HOS regulations have not been proposed, vetted, and implemented to be effective next week in a vacuum.  The federal agency spent time gathering information from all sides and explains is reasons for making these changes in a news release published awhile back:

“A fatigued driver has no place behind the wheel of a large commercial truck,” said Transportation Secretary Ray LaHood. “We are committed to an hours-of-service rule that will help create an environment where commercial truck drivers are rested, alert and focused on safety while on the job.”

The publication of this proposed rule coincides with the timeframe established in a court settlement agreement that requires FMCSA to publish a final HOS rule by July 26, 2011.

This new HOS proposal would retain the “34-hour restart” provision allowing drivers to restart the clock on their weekly 60 or 70 hours by taking at least 34 consecutive hours off-duty. However, the restart period would have to include two consecutive off-duty periods from midnight to 6:00 a.m. Drivers would be allowed to use this restart only once during a seven-day period.

Additionally the proposal would require commercial truck drivers to complete all driving within a 14-hour workday, and to complete all on-duty work-related activities within 13 hours to allow for at least a one hour break. It also leaves open for comment whether drivers should be limited to 10 or 11 hours of daily driving time, although FMCSA currently favors a 10-hour limit.

“In January, we began this rulemaking process by hosting five public listening sessions with stakeholders across the country,” said FMCSA Administrator Anne S. Ferro. “This proposed rule provides another opportunity for the public to weigh in on a safety issue that impacts everyone on our roadways.”

Driving hours are regulated by federal HOS rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers.

Commercial truck drivers who violate this proposed rule would face civil penalties of up to $2,750 for each offense. Trucking companies that allow their drivers to violate the proposal’s driving limits would face penalties of up to $11,000 for each offense.

Other key provisions include the option of extending a driver’s daily shift to 16 hours twice a week to accommodate for issues such as loading and unloading at terminals or ports, and allowing drivers to count some time spent parked in their trucks toward off-duty hours.

Posted in Illinois Wrongful Death, Indiana Wrongful Death, Job Site Injury, Other Jurisdictions, Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related, Workers’ Compensation, Wrongful Death | No Comments »

Home Fires Can Be Deadly: Illinois Electrical Expert’s Death In Tragic Home Fire and Explosion Is Reminder For Us All

October 4th, 2011 by admin

According to the U.S. Fire Administration (a division of FEMA), over 3,500 Americans die every year in fires (18,300 more are injured), and most of these fires sadly, and perhaps shockingly, occur in their own home.

Tragic Death of Electrical Expert David Mugerditchian Should Serve As Needed Reminder to Families Everywhere About the Need to Check for Home Fire Safety

David Mugerditchian, 60, of Des Plaines, was the victim of a horrific fire and explosion at his home on Monday and after suffering burns over 96% of his body, he passed away last evening. In an ironic turn of events, Mr. Mugerditchian was an expert on this sort of thing: he had made his living for many years as an electrical inspector, employed by the City of Des Plaines and earlier by Underwriter’s Laboratories.

The cause of the explosion and fire are not yet known; neighbors heard the explosion early that morning, a little after eight o’clock. Mr. Mugerditchian was found in the backyard, unable to explain exactly what happened. All that Hoffman Estates Fire Department investigators know for now is that this was an accident.

By all accounts, David Mugerditchian was a fine man, a hero who once saved a man from a burning building, who is respected by his colleagues and beloved by friends and family. Our sincerest condolences go out to all who are grieving this untimely passing.

His story should serve as a reminder to families in our area of the importance of fire safety in our homes.  From the USFA come the following suggestions.

Please take the time to consider the following for your family:

Every Home Should Have at Least One Working Smoke Alarm

Buy a smoke alarm at any hardware or discount store. It’s inexpensive protection for you and your family. Install a smoke alarm on every level of your home. A working smoke alarm can double your chances of survival. Test it monthly, keep it free of dust and replace the battery at least once a year. Smoke alarms themselves should be replaced after ten years of service, or as recommended by the manufacturer.

Prevent Electrical Fires

Never overload circuits or extension cords. Do not place cords and wires under rugs, over nails or in high traffic areas. Immediately shut off and unplug appliances that sputter, spark or emit an unusual smell. Have them professionally repaired or replaced.

Use Appliances Wisely

When using appliances follow the manufacturer’s safety precautions. Overheating, unusual smells, shorts and sparks are all warning signs that appliances need to be shut off, then replaced or repaired. Unplug appliances when not in use. Use safety caps to cover all unused outlets, especially if there are small children in the home.

Alternate Heaters

Portable heaters need their space. Keep anything combustible at least three feet away.
Keep fire in the fireplace. Use fire screens and have your chimney cleaned annually. The creosote buildup can ignite a chimney fire that could easily spread.
Kerosene heaters should be used only where approved by authorities. Never use gasoline or camp-stove fuel. Refuel outside and only after the heater has cooled.

Affordable Home Fire Safety Sprinklers

When home fire sprinklers are used with working smoke alarms, your chances of surviving a fire are greatly increased. Sprinklers are affordable – they can increase property value and lower insurance rates.

Plan Your Escape

Practice an escape plan from every room in the house. Caution everyone to stay low to the floor when escaping from fire and never to open doors that are hot. Select a location where everyone can meet after escaping the house. Get out then call for help.

Caring for Children

Children under five are naturally curious about fire. Many play with matches and lighters. Fifty-two percent of all child fire deaths occur to those under age 5. Take the mystery out of fire play by teaching your children that fire is a tool, not a toy.

Caring for Older People

Every year over 1,000 senior citizens die in fires. Many of these fire deaths could have been prevented. Seniors are especially vulnerable because many live alone and can’t respond quickly.

For more information, you can download and review a series of Fire Safety Publications from the Consumer Product Safety Commission, available online for free.

Defective products, faulty wiring, and other man-made causes of fire are notorious as causing home fires as well as being the subject of personal injury claims.  It’s much better to be safe than sorry, to prevent a home fire rather than being the victim of one and perhaps the plaintiff in a lawsuit seeking justice because of tragedy caused by a preventable fire.

Be safe out there.

Posted in Defective Products, Explosions & Fires, Illinois Wrongful Death, Indiana Wrongful Death, Insurance Claims, Product Liability, Work Related, Wrongful Death | No Comments »

HOS Rewrite: Congress Asks President Obama Not to Cut Hours Truck Drivers Can Drive on U.S. Roads in October 2011 Hours Of Service Regulations

September 29th, 2011 by admin

Congress, via a formal letter sent by the House Transportation and Infrastructure Committee to President Obama, is asking that the President not okay the revision of trucking industry HOS (hours of service) rules as proposed by the Federal Motor Carrier Safety Administration.

The FMCSA proposal cuts the hours that big rig semi truck drivers can be on driving their huge trucks on American roadways.

The FMCSA proposed change to federal HOS regulations will be effective as federal law in October 2011, and many industry watchers believe that FMCSA will cut the hours to 10 hours of service as the maximum number of hours a driver can drive a commercial truck.

The letter from Congress argues that the change is not needed and that if the HOS is cut back, that it will result in more trucks “…on the road to deliver the same amount of freight,” which will mean more road congestion … and more shipping costs for trucking companies and the like.

This, despite the fact that driver fatigue is one of the main reasons for big rig semi truck accidents where death is usually the result.

READ THE LETTER HERE. As explained at the Committee’s website:

September 23, 2011

On September 23, 2011, Full Committee Chairman John L. Mica (R-FL), Highways Subcommittee Chairman John J. Duncan, Jr. (R-TN), Railroads Subcommittee Chairman Bill Shuster (R-PA) and Rep. Sam Graves (R-MO) sent a letter to President Obama and DOT Secretary LaHood to express their concerns regarding DOT’s proposed changes to the hours of service rules for truck drivers. In the letter, they requested that the President withdraw his proposed changes, which would impose unnecessary and costly regulatory burdens on the trucking industry by making changes to the current rules. The changes were included in the President’s list of Proposed Regulations from Executive Agencies with Cost Estimates of $1 Billion or More and are scheduled to be made final at the end of October.

Since the implementation of the current rules, there has been a reduction in severe and fatal crashes involving large trucks, indicating that the current rules are having a positive impact on highway safety.

Posted in Illinois Wrongful Death, Indiana Wrongful Death, Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

Nexium Lawsuits, LapBand Surgery Wrongful Deaths, Kids On Seroquel, Zyprexa, Risperdal, or Abilify: Personal Injury Lawsuits Are Important and Needed

September 27th, 2011 by admin

Lawsuits based on personal injury get no respect in some circles: the people suing (the plaintiffs who have been hurt or had loved ones seriously injured) are considered opportunistic and their personal injury lawyers (the attorneys who work on a contingent fee) are viewed as greedy. You’ve read the tort reform arguments; no need to reiterate them here.

However, consider the following — issues that have appeared in the news just this week regarding dangerous products marketed on TV and magazines and the web as being safe, helpful, even life-saving, to the American public. It’s because of product dangers like these that products liability lawsuits exist. They are needed to help individuals who have been injured or killed by bad products. They serve justice.

1. Lawsuits filed against AstraZeneca alleging Nexium caused bone deterioration and broken bones.

Down in Houston, Texas, Mary Mai Nguyen and Tuoc Duong have sued drug manufacturer AstraZeneca because they argue that the heavily advertised heartburn medication, Nexium, has resulted in their bones deteriorating and actually breaking — which they believe would not have happened if the drug company had done enough research before selling this stuff, or if they had been warned about this being a possible side effect.  This summer, a similar lawsuit was filed in Texas by 35 different plaintiffs, also alleging that Nexium caused broken bones and bone loss; and the news media has been reporting on the risk of Nexium (and other heartburn pills) damaging bones and causing things like hip fractures for almost five years now.

Get this: Nexium not only is AstraZeneca’s best selling prescription drug: Nexium is the NUMBER ONE best-selling prescription drug on the planet (2010 figures). The drug company literally makes billions of dollars each year on these pills: think they will shut that pipeline down without a fight?

2.  Wrongful Death Cases Being Filed After 1-800-GET-THIN LapBand Surgery

Over in sunny Southern California, where all the beautiful people live, seems there were outpatient clinics advertising lap band weight loss surgery at 1-800-GET-THIN, and now over 5 wrongful death actions have been filed based upon what these clinics were doing to their patients, as people started dying back in 2009.

Already, it’s alleged that the 1-800-GET-THIN marketing ads did not warn anyone of the risks of the lap-band surgery.  And there are lots of them, even in the best of situations. Consider this: in March, ABC News reported that over half of the lap bands placed during surgery have to be removed. Half of them.

In the latest California lap band lawsuit making the news, there are also allegations that one of the physicians doing these lap-band surgeries was being investigated by the California Medical Board, and another one of the doctors was actually on probation while doing the surgeries. (This may add medical negligence arguments to the standard products liability case.) The doctors, of course, are denying they did anything wrong.

3.  Kids May Gain Weight and Get Diabetes After Taking Seroquel, Zyprexa, Risperdal, or Abilify.

Expect lawsuits soon in this situation:  last week, a panel of experts recommended to the Food and Drug Administration that a watchful eye be kept on antipsychotics being given to children, and that better warnings of the risks involved be given on these drugs, specifically: Seroquel, Zyprexa, Risperdal and Abilify.

Seems these drugs not only can cause weight gain and diabetes in kids, they can impact their lifelong health in other bad ways, and the experts want the FDA to study the situation in more depth.  Right now, these drugs are okay to be given to children as young as 2  years old for things like aggressive behavior, attention deficit disorder (ADD) along with various other psychological or behaviorial issues — but there is not research to back up doing this:  there’s not proof that these drugs — Seroquel, Zyprexa, Risperdal and Abilify — work on kids, and there’s not proof that they don’t end up harming the children.

Posted in Defective Products, Illinois Wrongful Death, Indiana Wrongful Death, Other Jurisdictions, Product Liability, Serious Personal Injury, Work Related, Wrongful Death | No Comments »

Fed’s NTSB Wants to Ban Big Rig Commercial Truck Drivers From Using All Cell Phones Even Hands Free Phone

September 20th, 2011 by admin

The National Transportation Safety Board (NTSB) has proposed a federal ban on all usage of cell phones for truckers driving commercial big rig semi trucks as being too dangerous; the ban would apply to both handheld and hands free phones.

On September 13, 2011, the NTSB formally recommended that federal regulations be created that would make it illegal for commercial truck drivers to use mobile phones while on the job, except in the case of emergency.  The NTSB’s reason?  The agency cites the distraction of driving while talking on the phone, even a handsfree phone, is too high when the driver is operating a heavy commercial truck like a big rig, semi truck, tractor trailer, or 18 wheeler.

From NTSB Chairman Deborah A.P. Hersman:

“Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways.  It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds.”

The Big Rig Truck Wreck That Got the Federal Agency’s Attention

In its announcement, the NTSB points to a tragic crash that killed 11 people last year in Kentucky as being a big incentive for the federal agency to take this action. What was this one accident that got the federal government to take notice?

Around a year and a half ago, early in the morning of March 26, 2010, just before sunrise in Munfordville, Kentucky, an experienced truck driver was driving his truck-tractor semitrailer combination unit on Interstate 65, when the big rig veered out of the southbound left lane, jumped the huge highway median (it was 60 feet wide), slammed through a protective cable barrier, and jumped into oncoming traffic in the northbound lanes.

The big rig then crashed into a passenger van filled with 11 people and its driver.  The truck driver and 10 of the 12 riding in the van perished in the accident.  From the investigation, the NTSB found out that the truck driver had been on the phone.  In fact, he had made 4 calls right before the crash and he had made 69 calls and text messages within the previous 24 hours.

His last call? Records show it was made at at 5:14 a.m. CDT, the exact time that the truck departed the highway.

Kenneth J. Allen and Associates Has Been Monitoring What Happened After That Terrible March 2010 Esh Wedding Van Crash

We reported on this horrific crash back in March 2010, when it happened.  An entire family was devastated by this crash as the van occupants were part of the large Esh family, on their way in a church van to a family wedding in Iowa.  See, On I-65, Semi Truck and Church Van Crash Kills 11, where we gave details about the family and what happened back then.  Even the most experienced trial lawyers were shocked and mystified that such a horrendous, horrible, and tragic accident could occur.

Monitoring this tragedy, we’ve also reported on the federal government shutting down the trucking company involved in this horrible accident.  Last year, the Federal Motor Carrier Safety Administration ordered Hester, Inc. of Fayetteville, Alabama, to be shut down.  See, Feds Close Doors of Trucking Company After Truck Killed 11 in Van on Kentucky Interstate.

This month, we are seeing the federal government continue to take action to make sure that the horrible tragedy that befell the Esh family never happens again on American roadways.  Banning phone chatter and texting by truckers driving huge and heavy big rigs is just one more step in the right direction.

Posted in Bus Crashes, Illinois Wrongful Death, Indiana Wrongful Death, Job Site Injury, Other Jurisdictions, Semi-Truck Crashes, Serious Personal Injury, Spinal Injuries, Transportation, Work Related, Workers’ Compensation, Wrongful Death | No Comments »

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