| Wednesday, June 11, 2008 |
| Despite Ban, Teens Using Cell Phones While Driving |
According to a recent study by the Insurance Institute for Highway Safety, despite states' efforts to outlaw teen drivers from chatting on their cell phones, it is occurring at the same level as before the bans went into effect.
Earlier this week, researchers released the finding of an in depth look at North Carolina's teen driver cell phone ban. They found that even though 95% of parents and 74% of teens support the ban, the new law isn't reducing the number of teens using their phones while driving. Prior to the ban going into effect, researchers observed 11% of teens leaving high schools with one hand on the wheel, one hand on their phone. Then, after the ban was passed, researchers went back to the same high schools and observed 12% of teens chatting away while driving.
Researchers found that females were more likely than their male counterparts to be using cell phones while driving. Teens observed driving SUVs were more likely to be chatting than teens driving cars. However, teen drivers were less likely to be using their cell phones if they had friends in the car, compared with those driving alone.
So far, 17 states and the District of Columbia have passed laws banning the use of cell phones and other communication devices by novice, teen drivers. This is in response to the fact that auto accidents are the number one killer of teenagers in the United States, and that teens are three-times more likely to die in a car crash than all other drivers. With the passage of the bans, lawmakers were hoping to curb this upward trend by keeping inexperienced drivers' attention on the road, rather than what Kimmie is wearing to the dance on Friday night. After all, distracted driving, including driving while talking on a cell phone, is proving to be as risky of driving drunk.
However, despite the good intentions, the laws have yet to make a measurable impact. Some argue that it is just too early in the process to determine whether or not they are working. Others, say the bans are just simply unenforceable. In North Carolina, 71% of teens and 60% of parents felt as if enforcement of the bans is rare or non-existent. Only 22% of teenagers and 13% of their parents believed the laws were being enforced fairly often or a lot.
For a list of state law governing cell phone usage by teen drivers, click here.Labels: Auto, Blog, Injuries, Insurance, Safety Continue Reading >
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| posted by Munley Attorney @ 9:52 AM |
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| Despite Ban, Teens Using Cell Phones While Driving |
According to a recent study by the Insurance Institute for Highway Safety, despite states' efforts to outlaw teen drivers from chatting on their cell phones, it is occurring at the same level as before the bans went into effect.
Earlier this week, researchers released the finding of an in depth look at North Carolina's teen driver cell phone ban. They found that even though 95% of parents and 74% of teens support the ban, the new law isn't reducing the number of teens using their phones while driving. Prior to the ban going into effect, researchers observed 11% of teens leaving high schools with one hand on the wheel, one hand on their phone. Then, after the ban was passed, researchers went back to the same high schools and observed 12% of teens chatting away while driving.
Researchers found that females were more likely than their male counterparts to be using cell phones while driving. Teens observed driving SUVs were more likely to be chatting than teens driving cars. However, teen drivers were less likely to be using their cell phones if they had friends in the car, compared with those driving alone.
So far, 17 states and the District of Columbia have passed laws banning the use of cell phones and other communication devices by novice, teen drivers. This is in response to the fact that auto accidents are the number one killer of teenagers in the United States, and that teens are three-times more likely to die in a car crash than all other drivers. With the passage of the bans, lawmakers were hoping to curb this upward trend by keeping inexperienced drivers' attention on the road, rather than what Kimmie is wearing to the dance on Friday night. After all, distracted driving, including driving while talking on a cell phone, is proving to be as risky of driving drunk.
However, despite the good intentions, the laws have yet to make a measurable impact. Some argue that it is just too early in the process to determine whether or not they are working. Others, say the bans are just simply unenforceable. In North Carolina, 71% of teens and 60% of parents felt as if enforcement of the bans is rare or non-existent. Only 22% of teenagers and 13% of their parents believed the laws were being enforced fairly often or a lot.
For a list of state law governing cell phone usage by teen drivers, click here.Labels: Auto, Blog, Injuries, Insurance, Safety Continue Reading >
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| posted by Munley Attorney @ 9:52 AM |
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| Thursday, May 22, 2008 |
| Truck Crash Injures 7 in Hawaii |
Usually when you hear about a bug truck crash, it is usually within the continental U.S. However, this wreck reminds us that a collision with tractor-trailers can happen anywhere- even paradise. In fact, crashes involving large trucks have been on a steady increase in Hawaii for the past 5 years. Check out the stats from the Federal Motor Carrier Safety Administration here.
In yesterday's crash, police received a call at 4:12pm about a 1989 Peterbilt speeding, drifting off the road and recklessly crossing the solid line to pass other vehicles. Just minutes later, the massive vehicle rear-ended a small Toyota pick-up, then proceeded to smash into a Honda Accord, pushing it into a Dodge Durango. Several other vehicles were left strewn across the roadway. The tractor-trailer finally came to a stop on the shoulder of the opposite side of the highway.
Seven people, including the trucker, were taken to a local hospital. The injuries did not appear to be life threatening. In the wake of gruesome scene, traffic was snarled until after 6pm last night. Capt. Charles Hirata of Lahaina Patrol told the press, "It could have been a lot worse. The most important thing is nobody was killed."
Every 16 minutes someone is injured or killed in a crash with a big truck. Though most truckers are qualified, responsible drivers, there are more then a few bad eggs. When tractor-trailers are driven recklessly on our roadways, we are all at risk. To learn more about what you can do to help keep your family safe on our nation's roadways, click here.Labels: Auto, Blog, Injuries, Insurance, Safety, Trucking Continue Reading >
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| posted by Munley Attorney @ 9:46 AM |
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| Wednesday, May 21, 2008 |
| Carseat 101 |
It is frightening to think that each day 5 children are killed in automobile accidents- and another 586 will suffer injuries. It is even scarier to consider 1700 kids die a year, almost half of which are unrestrained passengers.
By simply securing your child in a car safety seat, you can reduce the risk of fatal injury by 71% for infants under one, and 54% for toddlers between one and four years old.
For some, installing a child safety seat can be an arduous task. Perhaps that's why as many of 85% of car seats are installed incorrectly or are not the right size for the child. By following these simple guidelines, we can help you keep your family safe.
1. Always read & follow the instructions from the manufacturer of the seat.
2. Remember to send in the registration card- this will be important is the seat is recalled.
3. Children under 12 should sit in the backseat, doing so reduces the risk of serious injury by 40%.
4. Car seats for children under 20lbs should always face backwards.
5. Never place a backward facing seat in front of an airbag.
6. The shoulder straps of the car seat go in the lowest slots for infants riding backward, and the highest slots for children facing forward.
7. The retainer clip should be placed at arm pit level to keep harness straps on the shoulders.
8. Harness straps should be snug. So snug that you cannot fit more than one finger at the child's collarbone.
9. Check the owner's manual for your car to see if you need to use a locking clip or some additional piece of equipment to keep the safety seat secure.
10. When the car seat is installed, be sure it does not move side-to-side or toward the front of the car.
Remember to continually check your car seat for evidence of damage such as cracked plastic, frayed straps, stiff adjusters or broken buckles. Never use a car seat that has been in an accident, it is no longer safe. Don't be tempted to save money by buying a used car seat. There is no way to tell if the seat has been damaged in an accident. If you can't afford a car seat, contact the National Highway Traffic Safety Administration or the National SAFE KIDS campaign.
Every parent knows that you can't protect your child from everything, but when it comes to auto safety, there is something you can do. Keep them safe, buckle them up!
Throughout the year, the State Police offer inspections of child car seats. To find the next inspection near you, click here.
Wondering if your seat has been recalled? Call the U.S. Department of Transportation Auto Safety Hotline for an up-to-date list of recalled seats that need repair, 1-800-424-9393. Labels: Auto, Blog, Injuries, Insurance, ProductDefect, Safety, Trucking Continue Reading >
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| posted by Munley Attorney @ 11:33 AM |
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| Monday, May 12, 2008 |
| AAA: 9% Admit Driving Drunk, 54% Admit Using Phone While Driving |
The AAA Foundation, the non-profit arm of AAA Auto Club, recently released its annual Traffic Safety Culture Index for 2008.
The survey, conducted on nearly 3,000 American motorists 18+, revealed a "do as I say, not as I do" mentality amongst most drivers.
75% of those surveyed feel that they are safer drivers than others out on our nation's roadways; however, most admit to engaging in the same risky behavior they deem "serious or extremely serious" safety violations by others.
87% rate drunk driving as the number one concern they have about roadway safety; however, 9% (roughly 15 million adult motorists) admit to having driven under the influence within the past 30 days. This includes almost 2% that report doing it "very often."
After drunk driving, 82% of participants rated distracted driving as the #2 concern for road safety. Yet, more than half, 54% of us, admit to having used cell phones while driving, and 14% admitted texting while driving.
74% of those surveys rated speeding as a concern, of which, 39% (2 out of 5) have exceeded the speed limit by 15 mph or more on our highways and 14% admit to exceeding the speed limit by 15 mph or more on our neighborhood streets.
Safe driving isn't something that other drivers should worry about, it is something that EVERY driver should worry about. Even though 75% of those involved with the AAA Foundation's survey deemed themselves safer drivers than others on the road, they admit to performing the exact behaviors that they criticized others for doing!
So even if you've used your cell phone a million times without incident, that doesn't make it safe. Just because you've managed to get yourself home after a night at the bar, doesn't mean you are a "good" driver when you are drunk. The facts are facts. 40,000 Americans are killed in automobile crashes, and millions of others are injured each year. Drunk and distracted driving, speeding and going without a seatbelt are dangerous acts and they can result in irreparable damage, not to mention serious legal implications- and trust me, juries hate drunk drivers. Labels: Auto, Blog, Injuries, Insurance, Safety, Trucking Continue Reading >
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| posted by Munley Attorney @ 9:18 AM |
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| Wednesday, May 7, 2008 |
| The Dangers of Drowsy Driving |
Good Morning America did a report this morning on a Florida police officer that was fired after her on-board cam captured her veering all over the road, nearly clipping pedestrians and even hitting parked cars. Was the officer drunk behind the wheel? Nope, just tired.
Watch the police car weaving in and out of the lanes here.
You'd think that out of anyone on the road, a police offer could simply shake off the sleepies and maintain control of the vehicle. You'd just have to open a window, or turn on the radio, right? Wrong! In fact, a survey conducted on drivers involved in sleep-related driving incidents, showed the majority of drivers opened their windows and adjusted the radio, but still fell asleep behind the wheel. Drowsy driving is impaired driving.
Turns out drowsy driving is dangerous, and a lot more widespread than previously thought. In that ABC report, 60% of us admit doing it, and 37% admit to actually having fallen asleep at the wheel! Nearly 2,000 Americans die each year in 56,000 drowsy driving accidents (NTSA). Those are scary figures, but they might not adequate depict how many people are actually involved in these types of incidents. A 2007 report from the National Sleep Foundation that says fatigued driving is largely unrecognized and unreported across the country. It is also a big factor in many accidents involving big trucks and other types of commerical vehicles. Even with rules in place to limit a driver's on-the-road time, many find themselves under pressure to sleep less and drive more.
Find out more about how to detect and prevent drowsy driving, click here. Labels: Auto, Blog, Injuries, Insurance, Safety, Trucking Continue Reading >
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| posted by Munley Attorney @ 11:37 AM |
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| Friday, May 2, 2008 |
| The Genetic Information Nondiscrimination Act: Privacy Prevails in America! |
In a 414-1 vote, the House of Representatives passed a H.R. 943, Genetic Information Nondiscrimination Act, onto President Bush. A similar version passed in the Senate 95-0 just days earlier. Bush spoke publicly on his support of the bill.
The bill, if made law, would prohibit employers and insurance companies from using genetic testing (to determine if the individual is predisposed to developing medical conditions) to reject job applications or to set insurance premiums. Francis Collins, head of the National Human Genome Research Institute told the AP, "Your skin color, your gender, all of those are part of your DNA. Shouldn't the rest of your DNA also fall under that protective umbrella?" Collins and other researchers are supporting the legislation as they are seeing increasing numbers of Americans using fake names, paying cash or flat-out refusing genetic testing so that this information doesn't get back to their employers and insurance companies. According to researchers, genetic testing may provide the pivotal information necessary to improve healthcare. They believe that once the bill is past, more and more Americans will submit to this type of testing. Needless to say, the U.S. Chamber of Commerce is against this legislation, stating opposition to $300,000 fine that could be slapped on employers for violating the law. Similar legislation was proposed about a decade ago; however, due to lobbying from large employers and health insurance providers and the questionable necessity of the law (at that time there were no documented cases of genetic discrimination) prevented it from passing. In the time since then, the Human Genome project successfully identified variant genes that can be linked with medical conditions, and things have changed. According to the AP, "A 2001 study by the American Management Association showed that nearly two-thirds of major U.S. companies require medical examinations of new hires. Fourteen percent conduct tests for susceptibility to workplace hazards, 3 percent for breast and colon cancer, and 1 percent for sickle cell anemia, while 20 percent collect information about family medical history." Proponents of the legislation believe that the law will stop these discriminatory practices and strengthen a patient's right to privacy.The lone dissenter was Congressman Ron Paul, R-TX, who said, ""Because of the federal government's poor record in protecting privacy, I do not believe the best way to address concerns about the misuse of genetic information is through intrusive federal legislation." Read more about the bill here. Labels: Blog, Insurance, LegalNews Continue Reading >
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| posted by Munley Attorney @ 10:38 AM |
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| Wednesday, April 30, 2008 |
| HIPAA- A Barrier Between You & Your Medical Records? |
Back in 1996, when the Health Insurance and Portability and Accountability Act (HIPAA) was signed into law, the intention of the law (especially Title IV) was to protect a patient's right to privacy, reduce fraudulent activity, streamline data systems and improve the health insurance system overall.
For years prior to the law's passage, there was no federal standard for obtaining your medical records. Without the patient's knowledge, records were being given to insurance companies, sent to landfills or just flat-out lost. Alerted by highly publicized lapses in medical record confidentiality (a garbage truck crash that sent medical records flying all over the highways, a doctor selling a computer without deleting patient information from the hard drive, and the list went on and on), lawmakers decided a better system was needed. So the whole theory behind HIPAA regs are that your medical records are just that, yours, and they cannot be given to anyone without your approved consent. Furthermore, you should be able to access your own medical records, or appoint a designee to get them for you.
After much protest from health organizations over steep fines for non-compliance, confusing new rules and the high cost of getting an office HIPAA compliant; the law was turned on its head. Today, its patients, not the insurance companies or providers that are having a hard time obtaining medical records.
What started out as an altruistic bill aimed at improving the health care system for patients, has become the ultimate Big Medicine delay tactic. Now they feel they are the gatekeepers between you and your medical records, and getting through may not be as easy as you'd think. Just ask the people in this USA Today article.
They know all too well the sneaky methods employed by hospitals to keep you from finding out what really went on during your hospital stay, sometimes by what experts refer to as "wrecking" medical records. This process is when hospital staffers knowingly try to obscure the records by darkening, lightening, shrinking or distorting the photocopies or adding White Out to the parts of the records they wish to keep hidden. Records are also selectively chosen, and most hospitals give a "summary" of key events. Full records (especially the incriminating ones) often go unrevealed forever, or at least until well after the medical malpractice statue expires. Convenient, huh?
So what's a patient supposed to do? First thing you have to know- you have recourse. Although a lot of things have changed about HIPAA, one thing hasn't- steep fines for non-compliance. If you or a loved one is having difficulty obtaining medical records, arm yourself with knowledge. This aspect of HIPAA is monitored by the Health & Human Services' Office of Civil Rights (you can find your local branch here). These are the guys that you need to bring your concerns to, and they will assist with filing a complaint. Once you bring it the OCR's attention, it will be investigated, and appropriate action will be taken.
Remember, hospitals have 30 days to provide you with records that they house on-site, 60 days for those housed off-site, and if they cannot get them to you in that time frame, they need to notify you. Don't let them push you around, especially if you have time restrictions such as a running statue of limitations.
If all else fails, call the Department of Health. Although no private civil action can be brought against the hospitals for non-compliance, there are plenty of rules targeted at keeping them in line.
Want to play it safe? Make the effort to periodically collect your records with each doctor and pharmacy that you use. You will have to pay for the records, but having them at your disposal might just prove to be beneficial.
For more information on HIPAA and making a complaint, check out the HHS website, here.Labels: Blog, Injuries, Insurance, LegalNews, Malpractice, Safety Continue Reading >
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| posted by Munley Attorney @ 10:07 AM |
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| Friday, April 18, 2008 |
| Save $$$ On Auto Insurance |
With the economy these days, we are all trying to save a buck here and there. Things just cost more, and any driver can tell you about the high price of auto insurance. Most policies now cost several hundred dollars a year, and going without insurance just isn't an option.
State law requires that owners insure their vehicles, and you'll probably need more than the bare minimum to keep you adequately protected. Luckily, there are ways to reduce your insurance costs. Here are some tips you can take all the way to the bank.
Before it is time to renew your policy, shop around. Oftentimes, rates can vary by company to company for the exact same coverage.
Keep your credit in good standing. I know that this is easier said than done, but studies show a correlation between your credit rating and your perceived risk to an insurance company. If you credit isn't in good standing, you might end up paying a lot more. Get your FREE annual credit report here.
Don't drive that often? Let your insurance agent know! You might qualify for a low mileage discount.
Using your car for business purposes may be affecting your bottom line. Work-related driving often subjects you to higher premiums than pleasure-driving.
What does your car have to do with it? A lot! Insurance companies charge according to a risk scale. High-performance vehicles are considered higher risk, thus, are charged a higher rate. Even some SUVs have higher rates because they are often targets for thieves. However, if your vehicle is equipped with safety features such as anti-lock brakes, automatic seat belts, airbags and anti-theft devices, you might be able to save a bundle. Talk to your insurance agent.
Increase your deductible. By raising the deductible, you can lower your annual premium by a few hundred dollars. But be careful, a higher deductible means that you are responsible to pay more money out of pocket in case of an accident.
Consider bundling your insurance. Oftentimes, if you purchase more than one type of insurance through the same company, insure multiple vehicles under the same policy, take a driver's safety course or are a member of an automobile club, you are may be eligible for discounts.
To find out more ways to save money on your auto insurance, click here. Labels: Auto, Blog, Insurance, Safety Continue Reading >
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| posted by Munley Attorney @ 3:00 PM |
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| California to Review Dropped Health Insurance Policies |
We've all heard about it, big insurance companies happily accepting premiums for years and years until a customer submits a large medical bill. Then, that person's medical records are reviewed and either because of an inadvertent or insignificant omission of information, their coverage is dropped. Now, the person is uninsurable, and probably lacking the capital necessary to properly treat their disease. Insurers defend these practices, saying protecting themselves from fraud keeps premiums low for everyone (and profits high for them).
Now, a California regulatory agency is reviewing the "recission" practices of five major insurers, WellPoint Inc.'s Anthem Blue Cross, UnitedHealth Group Inc.'s PacifiCare, Health Net Inc., the Kaiser Foundation Health Plan and Blue Shield of California. The state will be pouring through the companies' records over the past four years, and allowing independent arbitrators decide whether or not they acted in good faith. If it is determined that a policy was wrongly canceled, it will be immediately restored, and the insurer will be responsible to pay all medical bills incurred by the consumer over the time they were without insurance.
Today's announcement could mean the restoration of thousands insurance policies across the state. Read more here.
This isn't the first move California has made against insurance companies' policies. Last fall, the state fined Health Net $1 million for failing to disclose a link between employee bonuses and the cancellation of individual insurance policies. And on Wednesday of this week, Los Angeles City Attorney, Rocky Delgado, filed a $1 billion lawsuit against Anthem Blue, for their questionable practices. In another lawsuit against Health Net, the insurer was forced to pay nearly $9 million to a woman whose battle with breast cancer left her without coverage and facing mounting medical bills.
The Govenator has pledged his support in the fight against these harmful practices. In a released statement he said he would work with the legislature to "ensure this egregious practice is stopped." He went on to say, "It's outrageous that innocent patients have to live in fear of losing their health care coverage."Labels: Blog, Insurance, LegalNews, Malpractice, USCourts Continue Reading >
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| posted by Munley Attorney @ 9:36 AM |
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BLOG DISCLAIMER: Attorney Advertising. Prior Results Do Not Guarantee a Similar Outcome in Future Cases. Representation in jurisdictions where our attorneys are not already licensed is performed in conjunction with local counsel / lawyers -- at no additional legal fees to our clients -- and with permission of the court. Examples of cases mentioned in blog postings are for illustrative purposes. Please keep in mind that statutes and legal precedent, such as published court opinions, may change from year to year, and commentary may be outdated. Readers should not consider this site as authoritative legal advice and should contact an attorney of their own choosing for specific advice on any legal issue. The attorneys of Munley, Munley & Cartwright are not responsible for the comments of others that may be posted on this site.
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