Lundy Law Blog

Personal Injury Lawyers


Archive for April, 2010

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29
Apr

Mine Disaster Site Still Unsafe

According to the AP, the site of the Upper Big Branch mine is still unsafe to enter, more than three weeks since 29 men died in an explosion. The mine had been the subject of 515 violations prior to the accident.

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29
Apr

OSHA to crack down on unsafe workplaces.

No doubt that the West Virginia mine disaster is pushing regulators to crackdown on on unsafe workplaces.
ABC World News (4/28, story 5, 2:45, Sawyer) reported, “A National Workers Memorial was dedicated near Washington, DC and on this day, we learn the Federal Government is about to launch a sweeping crackdown on dangerous work places.” Statistics show that “thousands of other workers are killed on the job every year.” ABC (Ross) added that in 2007, there were “more than 5,400 Americans killed on the job,” an “average of 14 a day.” David Michaels, administrator, Occupational Safety and Health Administration: “I think there are a lot of irresponsible employers who don’t ensure workers are given safe workplaces to work in.”
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26
Apr

Ocean County officer killed in motorcycle accident

I generally avoid posting “bleeding edge” news like this, but I felt that these stories were important reminders for anyone who rides a motorcycle. Even the most experienced riders can get hurt or even killed. Please drive safely.

The Philadelphia Inquirer reported that an off-duty Ocean County sheriff’s court officer died Saturday night in a one-vehicle accident on Water Street in Toms River, police said. Dan Murphy, 26, of Toms River, who was responsible for security at the Ocean County Courthouse, was traveling east at 10 p.m. when he lost control of his motorcycle while changing lanes, Toms River Police Chief Michael Mastronardy said.

Also, the Burlington County Times said that Military authorities have released the identity of an Army Reservist who was killed in a motorcycle accident on the base last week. Sgt. First Class Mary Russell, 45, was killed in the April 20 accident involving a motorcycle and a bus, base officials said.

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24
Apr

Motorcycle Training Does Not Reduce Crash Risk, Study Says

This article was recently in the New York Times. Apparently, courses designed to make new motorcyclists safer are not decreasing crashes, according to a new study by the Highway Loss Data Institute.

These findings are part of a number of studies the institutes have just released on motorcycles. The groups have looked at antilock brakes, helmet laws and rider training programs to see what role they play in keeping riders safe and preventing deaths.

The issue is that as ridership has increased, so has the number of fatal crashes. Motorcycle registrations rose to 7.7 million in 2008, which is up from 4.3 million in 2000, according to R.L. Polk & Company data. Rider deaths topped 5,000 in 2008, more than in any year since 1975, when the government began collecting fatal crash data.

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23
Apr

FDA to institute stricter oversight of home medical devices

Bloomberg News (4/21, Olmos, Larkin) reports, “US regulators will strengthen their oversight of medical devices used at home as part of an initiative to improve safety of the increasingly popular products, according to information posted” on the FDA’s website. Notably, the “initiative will set new guidelines for home medical device manufacturers, training programs for patients and family members, and labeling and testing standards intended to address use of the devices such as heart monitors and kidney dialysis equipment.” The agency also said that “about 7.6 million people in the US receive healthcare at home from an estimated 17,000 home health companies.” Jeffrey Shuren, director of the FDA’s Center for Devices and Radiological Health, said, “Using complex medical devices at home carries unique challenges,” which “may pose environmental or safety hazards that can affect” how these devices function.

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23
Apr

Many hospitals do not report doctors they discipline

The Cleveland Plain-Dealer (4/20, Suchetka) reported that “for almost 20 years, federal law has required hospitals and medical boards to report doctors they discipline — for medical incompetence, unprofessional conduct, substandard care, and the like — to something called the National Practitioner Data Bank.” However, “many hospitals don’t appear to be following the law, says the nonprofit consumer group Public Citizen.” Investigators “there found that 49 percent of hospitals in the United States hadn’t reported a single doctor to the Data Bank from when it began, in 1990, until the end of 2007.”

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22
Apr

Drop in Motorcycle Deaths Reported, Unexplained

The USA Today reported today the there are fewer motorcycle enthusiasts dying on America’s roads and none of the experts can say why. A report by the Governors Highway Safety Association includes data about motorcycle accidents and for the first time in twelve years, the numbers are dropping. While the experts are left perplexed, most news reporting agencies have turned to the same stereotype used when motorcycle accidents and fatalities were increasing in tragically record numbers; the weekend biker and baby-boomer motorcycle enthusiast.

And the drop comes after a year after 5,290 motorcycle fatalities set a record.

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22
Apr

Ask Marvin Lundy…About How to Buy Motorcycle Insurance

It’s spring. You’re looking forward to getting on the road. But, what happens if you’re in an accident? You may be the safest rider in the world, but what about the other guy? Who will pay your bills if you get hurt?

Buying motorcycle insurance can be tricky. The rules are different state to state and policies can vary widely, so you have to know what you’re buying.

To help you, I have put together a short list of things you need to know about motorcycle insurance. Read it. If you get into an accident, you’ll be glad you did.

The Biggest Mistake
The biggest mistake that you can make is not buying enough insurance. Saving a few dollars on your policy can cost you big time if you get into an accident.

I’m sure you know that motorcycle accidents can be devastating. From road rash and broken bones to spinal injury and head trauma, an accident can leave you with a long hospital stay. With the average week in the hospital costing over $50,000, your insurance can run out very quickly.

With this in mind, we recommend that you purchase as much insurance as you can afford, and certainly more than the minimum that state laws require.

The Second Biggest Mistake

The second biggest mistake that you can make is to purchase motorcycle insurance without understanding your policy. Common insurance terms can trip you up, so here are a few that you need to know.

Full Tort vs. Limited Tort:
Full Tort coverage refers to your ability to receive compensation from someone who may be legally responsible, or liable, for injuries suffered in an accident.

Luckily for you, the state of Pennsylvania does not require you to pay extra for full tort threshold motorcycle insurance like it does for normal automobile insurance. The same goes for Delaware; the full tort threshold is included with any motor vehicle insurance policy. However, this is not the case in NJ, where you MUST select the “No Limitation on Lawsuit option” in order to have a reasonable expectation of being compensated for any pain and suffering inflicted upon you by the negligence of others.

Bodily Injury Liability Coverage:
Bodily Injury Liability coverage provides benefits to pay claims against the policyholder if he or she is found legally responsible for causing an accident.

Medical Expense Benefits Coverage:
This coverage typically pays medical, hospital, lost-income and disability expenses on behalf of the policyholder.

UM/UIM:
Uninsured Motorist covers you are injured by a driver who carries no insurance. Underinsured Motorist covers you if you are injured by a driver who has inadequate insurance to pay the claim.

How Much Insurance Should You Buy?

If you live in Pennsylvania

Bodily Injury Liability Coverage: Lundy Law STRONGLY recommends that you purchase the maximum limit of 100/300.

Why?

You will quickly exceed the limits of your coverage, leaving you responsible for the difference.

Medical Expense Benefits Coverage:

Not having enough medical expense benefits coverage can leave you at risk if you run out of coverage. Lundy Law STRONGLY recommends that you purchase as much Medical Expense Benefits Coverage as you are able to.

Why?

With motorcycle accidents typically resulting in over $34,000 in medical costs, your coverage will run out very quickly. Make sure you are protected.

Oh, and by the way, the average cost increases to $40,000 for riders who don’t wear helmets, to say nothing of the long-term effects of head trauma. I’m not here to nag, but do yourself a favor. Wear a helmet. OK?

Uninsured Motorist/Underinsured Motorist (UM/UIM):
It’s a big mistake not to carry UM/UIM coverage. To make sure you are covered if the “other guy” doesn’t have insurance, Lundy Law STRONGLY recommends carrying 100/300.

Why?

Do I really have to tell you to protect yourself against the “other guy”?

If you live in New Jersey –

Firstly, keep in mind that the selection you make on your auto insurance policy as pertains to the Limitation on Lawsuit/No Limitation on Lawsuit option determines your status if you are injured while riding on a motorcycle, meaning that if you have an auto insurance policy, you MUST have the No Limitation on Lawsuits option in order for you to have a reasonable expectation of being compensated for any pain and suffering inflicted upon you by the negligence of others.

If you do not have an auto insurance policy, be sure to select the No Limitation on Lawsuits option on your motorcycle insurance policy. It may sound grim, but assume that you will be an accident at some point when you consider your coverage, and plan accordingly.

Bodily Injury Liability Coverage:
Lundy Law STRONGLY recommends that you purchase the maximum of 100/300. Why? Again, you will very quickly exceed the minimum if you get into an accident, leaving you financially responsible.

Medical Expense Benefits Coverage:
Not having enough medical expense benefits coverage can leave you at risk if you run out of coverage. Lundy Law STRONGLY recommends that you purchase as much Medical Expense Benefits Coverage as you are able to.

Why?

With motorcycle accidents typically resulting in over $34,000 in medical costs, your coverage will run out very quickly. Make sure you are protected.

Uninsured Motorist/Underinsured Motorist (UM/UIM):
Lundy Law STRONGLY recommends that you purchase at least 100/300 in UM/UIM insurance. Also, make sure you go over this with your insurance agent who sold you or speak with a rep from your auto carrier. Policy exclusions can vary from carrier to carrier and you can very quickly find yourself in a tight spot if you’re not careful.

For example, we have seen an instance where an individual who had an automobile policy in her name was injured while she was a passenger on a motorcycle operated by her husband. He was fault and his motorcycle carrier covered only the $15,000 minimum liability limit. She wanted to pursue the 100/300 in UIM coverage on her auto policy, but her carrier denied the coverage because of the following exclusion: “Underinsured Motorist does not include a motorcycle owned by a resident relative.”

Lesson: know your policy exclusions before you put yourself at risk. Also, work carefully with your broker when setting it up.

If you live in Delaware –

Bodily Injury Liability Coverage:
Lundy Law STRONGLY recommends at least 100/300 in bodily injury liability coverage so that you don’t exceed your coverage.

Medical Expense Benefits Coverage:
Again, Lundy Law STRONGLY recommends that you purchase as much Medical Expense Benefits Coverage as you are able to.

Uninsured Motorist/Underinsured Motorist (UM/UIM):
Lundy Law STRONGLY recommends that you get the maximum allowable, which is 100/300. However, be aware that UM/UIM cannot exceed your bodily injury liability coverage you purchased. In other words, you need to have 100/300 in Bodily Injury Liability in order to have 100/300 in UM/UIM.

Remember, while choosing minimum coverage can save you a few dollars now, it can cost you plenty later. If you’re not sure about your motorcycle coverage in Pennsylvania, New Jersey or Delaware, talk to the motorcycle injury law experts at Lundy Law.

We’ll steer you straight.

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20
Apr

One-Third of Young People Addicted to Tanning Beds

One third of young people who use tanning beds may be addicted to the behavior. The Los Angeles Times (4/20, Roan) reports that, according to a study published in the April issue of the Archives of Dermatology, “as many as a third of young people who use tanning beds may be addicted to the behavior.” While “it’s unclear how or why tanning can become compulsive…exposure to UV light triggers production of brain chemicals called endorphins that boost mood. One study, published in 2006 in the Journal of the American Academy of Dermatology, found that frequent tanners experience some withdrawal symptoms when given naltrexone, a drug that blocks endorphins.” Despite the fact that “indoor tanning can cause skin cancer, premature skin aging, and eye damage, according to the US Food and Drug Administration,” Bloomberg News (4/20, Randall) explains that “about one-third of college students who tried indoor tanning facilities were addicted to the artificial rays, and the addicts drank more alcohol and smoked more marijuana than other students, researchers found.”

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20
Apr

Toyota Adds Lexus GX 460 to Recall List

The New York Times reported that Toyota has added another model to its long list of recalls, hours after agreeing to pay the largest fine ever imposed by the government against an automaker. Add to Portfolio Toyota Motor Corp Go to your Portfolio. Toyota said it would recall the Lexus GX 460 to fix a problem with its stability control system that was first disclosed last week by Consumer Reports magazine. The recall covers 9,400 vehicles, a fraction of the number Toyota has recalled for defective accelerator pedals, but it adds another black mark to a reputation that has lost considerable luster in recent months.

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