Offshore oil workers face injury from explosions, toxic gases, drowning, and risks associated with diving, deafness, burns, fires, helicopter accidents, hurricanes, icebergs – and while rare, earthquakes and tsunamis.The Jones Act, a major maritime law, protects them from an employer’s negligence in these situations. It also protects seamen and those who work on cruise ships and commercial vessels of all types, including river boats and tug boats, fishermen and fish processors, among others. Important amendments were added to this 1920’s federal law in 2006. Chances of recovery under the Jones Act are enhanced since the injured worker only has to show that “employer negligence played any part, even in the slightest, in producing the injury…..” Offshore oil workers may even recover damages if they are hurt in vehicular accidents traveling from one company location to another. Scientists on oceanographic research vessels are now included on the list of those covered by The Jones Act. Benefits under The Jones Act include weekly checks and medical care. But Jones Act cases can be complex. Injured workers should never communicate or negotiate with an employer before contacting a lawyer.
January 21, 2008
JONES ACT PROTECTS OFFSHORE WORKERS, OTHERS
January 20, 2008
SUV ROLLOVERS STILL THREATEN DRIVERS
While new models of SUVs have been improved to combat the vehicle’s propensity to rollover, thousands of older SUVs are still on the road, exposing drivers and passengers to catastrophic injuries, killing and maiming those who bought the vehicles for “safety.” While the SUV created the illusion of safety on the road because of its size compared to other vehicles, the image was deceiving. The older SUV is three times more likely to rollover than any other passenger vehicle, according to SUV Rollover Statistics www.onlinelawyersource.com. SUVs had the highest rollover rate of any vehicle involved in fatal crashes and the highest rollover rate for passenger vehicles in injury crashes. And rollovers are the deadliest types of accidents.www.pbs.org. They frequently cause head trauma – the most serious type of fatal and nonfatal injury in a rollover, according to the National Highway Traffic Safety Administration (www.suvrollovernews.com). Adding to the danger, “…the overwhelming majority of rollovers occur during ordinary situations,” says NHTSA, when a driver swerves to avoid a stopped car or accidentally veers off the road. Because the SUV has a higher center of gravity, it is less stable on the road. Defective tires have also played a role in older SUV accidents. And particular models of older SUVs are noted for being involved in serious rollover accidents. “In 2003, almost 4,500 people died in SUV accidents, a twenty two percent increase from 2001.” www.onlinelawyersource.com. Since older SUVs have none of the new built-in safety features that make them less likely to roll over, drivers of older models would do well to consult an attorney if their SUV is involved in an accident to make sure their legal rights are protected.
January 19, 2008
18 WHEELER ACCIDENTS TO INCREASE?
American drivers beware. Trucks are expected to carry 70 percent of all the freight moved across the U.S. by 2018, making them the largest mode of freight transport in the country. Meanwhile, government efforts to improve the safety record of big rigs and other trucks is moving slowly in some respects and lagging in others. The National Transportation Safety Board (NTSB) says action to prevent medically unqualified drivers from operating commercial vehicles is unacceptable. According to the NTSB, “Many commercial drivers whose serious medical conditions are known to their employers, health care providers and others are never reported to the appropriate motor vehicle licensing authorities….endangering the drivers and others.” www.ntsb.gov. The NTSB is also working to get trucks off the road faster if inspectors find mechanical problems or drivers that are unqualified. In March 2007, at the urging of the NTSB, The Federal Motor Carrier Safety Administration (FMCSA) appointed experts from trucking companies, safety advocates and law enforcement to tackle the problem. The NTSB rates progress in this area “slow but acceptable.”
January 17, 2008
WANT TO SEE A BIG TRUCK HIT A CAR?
The legal weight for an 18-wheeler is 80,000 lbs. That’s 4 tons, my friend. The curb weight of a 2005 Toyota Camry is 3,164. So, it’s no contest, dude, when one of the big guys hits one of the little guys. Since “seeing is believing” as the old saying goes, click on www.youtube.com/watch?v=ePrD3oe8UIY That will drive it home. Car crashes with 18-wheelers can be deadly. Victims often wind up with catastrophic injuries to the brain and spinal cord. It’s best to consult an attorney right away after an accident with an 18-wheeler since some states have time limits on how long you can wait before you file suit. And be extra cautious on the highway around a big rig. Small mistakes at high speeds can be fatal.
January 16, 2008
AIR MATTRESSES SUFFOCATE INFANTS:
The Consumer Products Safety Commission warns against putting infants on younger than 8 months of air mattresses, or other soft surfaces (water beds or adult beds). The agency reports that 11 infants suffocated in a face down position. Five others died when they slipped between mattresses and bed frames or adjacent furniture or the wall.
ATVs POSE DEADLY RISK TO RIDERS
KYMCO USA says riders of its 2006-2008 Model Year MXU 500 ATVs risk death or injury because pivot bolts holding the rear suspension onto the frame can become loose, causing the rear swing arm to detach from the chassis. The Spartanburg , South Carolina company is voluntarily recalling 1,350 of the models.
January 15, 2008
PET DEATHS RESULT IN $3.1 MILLION DEAL FOR OWNERS:
A South Carolina company that sold pet food tainted with mold agreed to the multi-million settlement in January 2008. Diamond Pet Foods will set up a fund to reimburse owners for the loss of their pet, vet bills and other costs. Under the deal, the company admits no wrong doing. The tainted pet food was sold in 23 states.
LEADING KILLER OF YOUNG AMERICANS:
Research! America and SAFE USA report that accidents are the leading cause of death in Americans age 45 and younger. Car crashes accounted for most of the deaths
