September 1, 2010

Students at increased risk of school bus accidents, bicycle and pedestrian accidents in New York City as school year begins

With the start of the school year comes the increased risk for New York City school bus accidents or bicycle and pedestrian accidents involving students.

Our New York City injury lawyers encourage parents to speak with their children about school bus safety as well as pedestrian and bicycle safety. Thankfully, school buses usually do a good job of transporting children to and from school in a safe manner. The National Highway Traffic Safety Administration reports an average of just 19 school bus fatalities occur each year in the United States. However, thousands of students are injured or killed each year while traveling to and from school.
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Bicycle and pedestrian accidents continue to be a primary concern. In fact, the NHTSA reports more than two-thirds of fatal school bus accidents involve pedestrians getting on or off the bus. And motorists are reminded that the law requires them to stop for a bus with red flashing lights and the stop sign displayed. Only when the lights are turned off and the sign is retracted, are you permitted to pass a school bus.

By remaining patient and doing your part, you can help reduce the risk of traffic accidents involving students as classes resume across New York.

The New York Department of Education reports that all districts are required to conduct three bus safety drills per school year -- one the first week of school, the second in November or December and the third after March 1.

The safety drills include:

-Instruction on location and use of emergency doors, fire extinguishers, first-aid equipment and window escape routes.

-Instructions on how to safely enter and exit the bus.

-Specific instructions for students to move at least 10 feet in front of the bus before crossing and to make eye contact with the driver.

-Training for hazards including ice, rain and snow, poor visibility and reduced hearing.

-The importance of orderly conduct and the rules and regulations of the Board of Education.

The U.S. Department of Health and Human Services provides tips on helping your child stay safe while traveling to and from school.

The Centers for Disease Control and Prevention also promotes the "Kids Walk to School" campaign which urges kids to stay safe but to consider walking to and from school as a healthy and environmentally friendly alternative.

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August 30, 2010

Say it isn't so: Study of New York City pedestrian accidents prove women are better drivers

Safety advocates from as far away as San Francisco are encouraging city leaders across the country to conduct a comprehensive traffic study similar to the one unveiled last week in Manhattan, which examined ways to reduce the high number of serious and fatal New York City pedestrian accidents.

As our New York City accident attorneys reported on our New York Injury Lawyer Blog, more than 7,000 pedestrian accidents were studied as city leaders formed a comprehensive plan to reduce accidents. Last year, more than half of the city's traffic fatalities involved pedestrians. Planned improvements include the installation of more than 1,500 countdown signals at intersections.

But safety advocates keep pouring over the data looking for additional nuggets: Like the fact that New York City motorcycle accidents are 18 times more likely to be fatal than accidents involving the occupants of a passenger car.

The New York Times even argues that the study debunks the myth that women are lousy drivers. Eighty percent of all fatal pedestrian accidents over the last five years involved male drivers -- a statistic far too one-sided to be explained away by male dominance in roles like cab and bus drivers. Besides, the study also showed that such commercial vehicles are only responsible for about 20 percent of pedestrian accidents.

"The statistic would seem to put to rest, for good, the Mars versus Venus question of who is better behind the wheel," The Times article states. "And to confirm what auto insurance companies -- and at least half the city (women, that is) -- knew all along."

Traffic safety experts and social scientists point to the male propensity for aggression and risk taking. They also argue that men are more likely to drink and drive, avoid wearing seat belts, speed or take other excessive risks while behind the wheel.

Not only do men take more risks behind the wheel, they are more likely to be injured or killed in a pedestrian accident. Boys ages 5 to 17 had the highest number of death and serious injuries, with 785 -- more than twice the number for girls in that age range.

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August 28, 2010

New York City patients with defective hip replacements should consult medical malpractice law firm

The New York Times reports that DePuy Orthopaedics Inc is recalling two hip replacement products -- the ASR Hip Resurfacing System and the ASR XL Aceabular System. Acebabular refers to the bowl-shaped socket on the hip.

The company is a division of Johnson & Johnson. The Wall Street Journal said the company decided to issue the voluntary recall due to an increased risk of follow-up surgeries being required in conjunction with the use of the devices.

New York City medical malpractice claims can result from defective medical devices. Most hip replacement surgeries involve older adults who are at increased risk for complications and who may require significantly longer to heal after a surgical procedure. A second surgery can seriously impact recovery rates and may even result in a reduced quality of life or a premature death.

About 120,000 patients undergo hip replacement surgery each year, according to the National Institute of Arthritis and Musculoskeletal and Skin Diseases. About one-third of adults will have a joint replaced in their lifetime.

The company said this week that a new study showed one 1 of every 8 patients needed a second surgery.

DePuy Orthopaedics said the company is "committed to paying for the cost of doctor visits, tests and procedures associated with the recall." Patients are being told to visit their surgeons to evaluate the performance of the implants.

Symptoms of problem implants include a loosening of the implant from the bone; bone fractures around the implant; and dislocation where the two parts of the implant are not longer aligned.

For more information on the hip replacement recall, you can visit the company website.

The company also warned the Food and Drug Administration this week that it is illegally marketing two other joint replacement products.

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August 25, 2010

Safety of Inferior Vena Cava Filters called into question; New York medical malpractice claim may result from long-term use

The Food and Drug Administration has issued a warning about Inferior Vena Cava Filters, citing risks associated with their long-term use.

Our New York City medical malpractice attorneys have reported problems associated with pharmaceuticals or medical devices, including Avandia and infusion pumps. Defective medical devices, dangerous pharmaceuticals or the inadequate care of a physician can require the assistance of an experienced attorney to protect a patient's rights.

In this case, the government is concerned that medical filters used to stop clots from reaching the lungs or heart could be causing their own problems.

In the last 5 years, the federal government has received 921 reports of problems with the filters, including device movement or migration (328), detachment of components (146) and filter fractures (56). The government reports some of the risk may be from leaving the filters in place for a long period of time, beyond the point when the risk of pulmonary embolism has subsided.

The FDA is concerned about the devices not being removed in a timely manner and is urging doctors and clinicians to remove the filters as soon as protection from pulmonary embolism is no longer needed.

ABC-4 in Utah reports that filters can become attached to the vein, making them difficult or impossible to remove. At least one Utah patient has filed a medical malpractice lawsuit over the issue.

The FDA's report could trigger a larger product recall and could result in other medical malpractice or product liability claims.

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August 23, 2010

Safety advocates: New rules not enough to reduce injury risks resulting from New York City bus accidents

The U.S. Department of Transportation has announced new rules to require motorcoaches to be equipped with seat belts.

"We're committed to making sure that motorcoach travelers reach their destinations safely," said Secretary Ray LaHood. "Seat belts save lives, and putting them in motorcoaches just makes sense."

New York bus accidents are a significant threat to both passengers and other motorists on the road. Safety advocates have argued for a mandatory seat belt law for years and claim the new proposals still fall short of what's necessary to help ensure the safety of bus passengers.

For starters, the rules will apply only to new buses and not to those already on the road. Mid-size buses and school buses will also be exempt from the new requirements.

Buses carry some 750 million passengers each year -- more than the airline industry. The government believes seat belts will reduce fatality rates in rollover accidents by 77 percent.

Earlier this year, the government announced the Motorcoach Safety Action Plan, which seeks to address other safety issues, including driver fatigue, inattention and poor maintenance. Researchers are also reviewing possible safety improvements to motorcoach structure, fire safety protection and emergency evacuation standards.

Safety advocates continue to voice concern about the lack of standard safety features in school buses. The New York Department of Transportation reported there were 2,317 New York school bus accidents in 2008 that claimed 9 lives and injured 1,791 people. More than half of the injured (903) were school bus passengers.

Ninety-one pedestrians and 20 bicyclists were also injured or killed in accidents with New York school buses.

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August 20, 2010

Comprehensive plan announced to combat the dangers of New York City pedestrian accidents

The most comprehensive study ever conducted of New York City pedestrian accidents will lead to public service announcements and safety improvements at hundreds of intersections throughout the city, the New York Times reported.

As we reported earlier this year on our New York Injury Lawyer Blog, fatal pedestrian accidents actually increased last year --- from 151 to 155 -- despite the city recording the best year for traffic safety since 1910.
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Pedestrians in Manhattan are at four-times greater risk of an accident than pedestrians in the other four boroughs.

Pedestrian accidents accounted for more than half of the city's 256 traffic fatalities.

The report was released this week by the NYC Department of Transportation. The Pedestrian Safety Study & Action Plan is the result of a review of more than 7,000 accident reports involving pedestrians within the city.

"We've made historic gains in reducing traffic fatalities, and this year we are seeing pedestrians fatalities decline again," said Mayor Bloomberg. "But we still see too many families devastated by traffic accidents."

The city plans to install pedestrian countdown signals at 1,500 intersections beginning next month. A full list of intersections is available by clicking here.

Speeding, failure to yield and driver distraction were the primary causes of serious and fatal pedestrian accidents.

Findings of the study include:

-Last year was the safest on record in New York City -- traffic fatalities have declined 35 percent since 2001.

-Pedestrians are 10 times more likely to die in a crash than a motorist.

-Pedestrian accidents have been responsible for 52 percent of the city's traffic fatalities in the last five years.

-Driver distraction was linked to more than one-third of pedestrian accidents.

-Failure to yield was cited in a quarter of all pedestrian accidents.

-Accidents involving speeders are twice as likely to be fatal.

-80 percent of at fault drivers were males.

-79 percent of vehicles involved in pedestrian accidents were private vehicles -- only about 20 percent involved taxi cabs or other commercial vehicles.

In addition to the countdown signals, some 60 miles of streets will undergo re-engineering to increase pedestrian safety. Twenty intersections will be reworked. And a public campaign will be launched to remind motorists that the default speed limit in New York City is 30 mph.

"Today, we're continuing to deliver on our promise to make the safety of pedestrians and bicyclists paramount," said Council Member Vincent J. Gentile. "Today, we have a comprehensive report on the dangers that threaten pedestrians and bicyclists and a set of solutions to safeguard the public."

Here you can download a map of planned improvements.

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August 16, 2010

Driving safety for senior citizens an increasing issue in reducing threat of New York car accidents

In the second part of our two-part series this week, the New York City injury attorneys at Queller, Fisher, Washor, Fuchs & Kool look at the issue of older drivers. The previous report on New York Injury Lawyer Blog focused on teen drivers.

AAA New York recently sponsored a senior driving expo at Adelphi University in Garden City, where the emphasis was on assisting seniors in "Keeping the Keys." The event promoted seniors as safer than 20-something drivers.
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It's a tough comparison to make -- and it's not necessarily true. The New York Department of Transportation's annual report does not provide a crash rate (serious or fatal crashes per number of drivers). But, based on raw numbers, senior drivers over 70 reported consistently higher fatalities rates with age. Those over 80, reported 109 fatalities and 3,332 injuries in 2008, more than any other age group except those in their 20s -- conveniently the age group used by the Senior Expo.

Yet seniors reported more accidents than teenagers -- and car accidents are the leading cause of death for young drivers ages 15 to 20, according to the National Highway Traffic Safety Administration. And the NHTSA reports that men have consistently higher crash rates after the age of 65. Women follow the same trend but the rate declines again after the age of 85.

As the Washington Post reported, the issue of senior drivers will move to the forefront of the safety discussion with the aging of the Baby Boomers. The percentage of drivers over the age of 70 who still have driver's licenses has increased from 73 percent a decade ago to 78 percent today. While drivers are living longer, health issues like heart problems, stroke, Parkinson's dementia, Alzheimer's and diabetes can increase the risk of being involved in a serious or fatal New York car accident.

And a 2007 report by the Government Accountability Office found that drivers over the age of 75 were more likely than drivers of all other age groups to be involved in a fatal accident.

The NHTSA offers resources for senior drivers and families

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August 14, 2010

Teens at increased risk of New York car accidents caused by distracted driving

In a two-part series this week, the New York City injury lawyers at Queller, Fisher, Washor, Fuchs & Kool will take a look at accidents involving teenagers and older drivers. Both age groups are frequently in the news because of the increased risk that they will be involved in a serious or fatal accident.

The USA Today reports that nearly 90 percent of teenagers understand that distracted driving habits -- including cell phone use and text messaging while driving -- substantially increase their risk for an accident. They just don't listen!

The study by Seventeen Magazine is important; traffic accidents are the leading cause of death of teenagers ages 15 to 19, according to the National Highway Traffic Safety Administration. And more deaths are caused by distracted driving than any other driving behavior except speeding and drunk driving.

"Teens do continue to drive distracted even when they recognize the dangers," says William Van Tassel, manager of AAA's driver training programs. "Driving is the first real adult responsibility, but let's face it, they're still teens whose brains aren't fully developed."

The U.S. Department of Transportation is joining AAA and Seventeen Magazine in holding a competition that is soliciting public service messages from teenagers. The winner will be debuted at the National Two-Second Turnoff Day, scheduled for Sept. 17. The video will also be played at the national distracted driving summit in Washington, D.C. As our New York City accident attorneys reported last month, the summit will highlight the need for increased laws and enforcement efforts aimed at combating distracted driving.

Teens can enter the contest here. Watch the video to learn about Two-Second Turnoff Day.

"One in four teen drivers say they've texted behind the wheel, and that's a trend we've got to confront head on," said U.S. Transportation Secretary Ray LaHood. "This contest is an innovative and fun way to get teens involved in spreading the word about the importance of keeping their eyes on the road - and off their phones."

Teens are at high-risk for many types of accidents, according to the Insurance Institute for Highway Safety:

Passengers: 3,269
Pedestrian accidents: 318
Motorcycle accidents: 225
Bicycle accidents: 78
ATV accidents: 83


The federal government offers teen driving safety information for parents and teenagers, available here.

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August 13, 2010

New York City taxi cab accident kills one, injures six after crashing into Bronx bus stop

One person was killed and six others injured in a New York City taxi cab accident on Tuesday when a cab slammed into a bus shelter, CNN reported.

The incident occurred at about 11 a.m. in the Bronx when the limousine-style livery cab veered off the road while trying to avoid a van making an illegal u-turn. The cab jumped the curb and crashed through a metal-and-glass bus shelter in the borough's Kingsbridge section. At least six people were in the shelter at the time, waiting for the BX 9 Metropolitan Transit Authority Bus. Several people were pinned beneath the taxi and other debris, according to the Wall Street Journal.

Police report the blue Lincoln taxi was eastbound on West Kingsbridge when the driver of a van began making a U-turn in front of the taxi. In swerving to miss the van, the taxi apparently lost control and crashed through the shelter. At least seven people were taken to the hospital, including an elderly man who died en route to St. Barnabas.

Police report a woman lost her foot and a man was hospitalized in critical condition with a punctured lung. A 14-year-old girl also remained hospitalized with serious injuries. The driver of the van was issued a traffic citation and the investigation continues.

The presence of multiple victims and competing claims could complicate this case. A New York City injury lawyer will also have to determine who is responsible for the accident and the injuries. A personal injury or wrongful death lawsuit could be filed against the owner and driver of the van and/or the taxi cab company.

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August 9, 2010

Mandatory reporting could result in fewer New York City medical malpractice cases caused by hospital infections

New regulations adopted by the Department of Health and Human Services will permit patients to see how many hospital-acquired infections have been reported at their particular medical institution, CNN reported.

Our New York City medical malpractice lawyers believe informing patients of the dangers is one of the best ways to combat the issue of serious and fatal injuries resulting from hospital-acquired infections. As we reported earlier this year on our New York Injury Lawyer Blog, the government has cited hospital infections as a critical health and safety issue that is responsible for an estimated 100,000 deaths a year.
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Advocates believe that public reporting of infection rates will help save lives and money by pressuring hospitals to improve safety measures aimed at preventing hospital-acquired infections.

"Patients shouldn't have to worry about getting sicker with an infection they catch in the hospital but every year nearly two million Americans do," says Lisa McGiffert, Director of the Consumer Union Safe Patient project. "Making infection rates public is a powerful motivator for hospitals to improve care and keep patients safe. This is an enormous victory for patient safety advocates who have worked tirelessly to hold hospitals accountable for failing to eliminate infections."

The new reporting requirements will apply to virtually all hospitals in the country. Starting next year, hospitals will be required to report to the Centers for Disease Control and Prevention the number of patients who develop bloodstream infections in their intensive care and neonatal intensive care units. The CDC estimates that patients develop more than 250,000 central-line bloodstream infections each year while in the hospital.

During the first year, Medicare payments will be based on how well hospitals are reporting infection rates. Beginning in October 2012, payments will be tied to how well they protect patients from infection.

The government estimates that the direct costs associated with hospital infections are as high as $45 billion per year.

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August 7, 2010

New York City scaffolding accident injures construction worker

Authorities continue to investigate a New York City scaffolding accident that injured a worker on Manhattan's Upper East Side, NY1 reported.

The scaffolding collapse occurred as workers were removing asbestos from a building on East 97th Street. One employee was taken to the hospital with a broken leg. It's unclear whether he fell off the scaffold or was hit by debris as it crashed to the ground.
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FOX News reported the construction accident occurred in East Harlem. Emergency crews rescued one of the workers.

The Occupational Safety & Health Administration reported that scaffolding accidents resulted in 88 fatalities in 2007. In three-quarters of the cases, a worker was injured either as a result of a plank or support giving way, or after slipping or being struck by an object. Falls are also a leading cause of New York City construction accidents.

Pedestrians on the ground may also be injured by collapsing scaffolding. As we reported in November on our New York Injury Lawyer Blog, at least six people were injured when two taxi cabs collided in the East Village, sending scaffolding crashing into the street.

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August 6, 2010

Knowing what to do after a New York City car accident can help protect your rights

Frequently, family and friends ask our New York City accident lawyers about what to do in the event of an accident. It's a good question; clients can often assist in protecting their rights by taking steps to document an accident, even if they don't think the documentation will ever be needed.

Sometimes, an accident victim does not realize the extent of an injury for days, or even weeks, after an accident. This can be particularly true of neck, back or head injuries. In other cases, damage to a vehicle that looks minor can actually result in a vehicle being declared a total loss, usually because of frame or other structural damage that is not visible to the naked eye. New York's $10,000 mandatory minimum for property damage insurance is a joke. Damage to a new vehicle can easily cost three times that amount, leaving an owner out-of-pocket, or filing a claim against their own insurance carrier, in the event that an at-fault driver does not pay the bill.
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Knowing what to say and do in the event of an accident is critical. Here is some advice from MSN Money:

-Documentation: Print this blog out and keep it in your glove box with your insurance information. Also print out pre-printed forms available online or through your insurance agent, which allow you to document and/or sketch the scene. Also, put a disposable camera in your glove box to take pictures of the scene.

- Reporting: Remain at the scene until police have come and gone. Tell an officer your version of what happened and make sure it is included in the police report. Do not admit fault for the accident.

-Contact & Coverage Information: Exchange names, addresses, driver's license and insurance information with the driver of the other car. We also recommend getting the names and phone numbers of any witnesses involved.

-Policy Review: Review your policy for terms of coverage. Make a list of any questions that need answered. Do not rely on statements made by other motorists about the extent of insurance coverage available. Sometimes, a motorist will minimize the amount of insurance available, or even indicate a lack of insurance, to reduce the chances that a claim will be filed.

-Reporting: Report the incident promptly to your insurance company. In most cases, you are required to do so by the terms of your policy. But do not admit fault. And our New York City accident attorneys recommend you do not sign any statements or accept any payments from any insurance company, even your own, before consulting an attorney in cases where injury is involved.

Other considerations:

Accident Log: We encourage you to write down everything you can remember about the accident as soon as possible. This can include weather conditions, speeds, oncoming traffic, time of day, destination, travel route, exact times, etc. Any possible contributing factors should also be noted, including overgrown vegetation, missing or inoperable street lights, road conditions and actions of other drivers.

Medical Treatment: You should always accept offered medical treatment at the scene and should report any pain or discomfort you are experiencing. Minor injuries in the aftermath of an accident can be a sign of more serious medical problems. In other cases, a medical condition may take weeks or months to present itself. But seeking proper medical care after an accident is always a good idea.

Contact an Attorney: Insurance companies have attorneys paid to look after their own best interests -- even your own insurance company. We believe motorists are best served by contacting an attorney whenever they have been involved in an injury accident. An experienced attorney will know what to expect, and may be able to protect you from issues or consequences that never occurred to you. Seeking their advice only makes sense, especially when many reputable firms offer free consultations.

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August 2, 2010

New York birth injury can result when mothers are not given options and complications are not properly monitored

The American College of Obstetricians and Gynecologists has relaxed its warnings regarding natural child birth for women who have previously given birth via ceserean section, the Wall Street Journal reported.

Our New York City birth injury attorneys continue to report on the increasing frequency of complications involved with ceserean births. While there are certainly times when a c-section birth is necessary to protect the life of the mother or infant, we reported on our New York Injury Lawyer Blog earlier this year that the increasing number of c-section births result in their own risks and complications. Ceserean births are at an all-time high in the United States, accounting for about one-third of all child births.

The old adage "once a ceserean, always a ceserean" is being discarded in cases where mothers with a previous ceserean birth wish to attempt natural child birth. The ACOG says women should be permitted to attempt vaginal delivery in facilities where immediate emergency care is available. In cases where those resources are not available, a mother should be "allowed to accept increased levels of risk" if informed of the potential dangers by staff.

The Journal reports that the "immediately available" language in the last guidelines led hospitals to refuse to allow women with c-section history to attempt vaginal birth. The new guidelines, which attempt to permit informed mothers to be more empowered decision makers, are being issued with the hopes of lowering the nation's c-section birthrate.

Child birth can result in life-threatening health conditions to either mother or child, regardless of the manner of birth. But this is particularly true when physicians fail to properly manage a pregnancy, miss warning signs of possible complications, or do not properly advise a birth mother of the possible risks of various medical options.

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July 30, 2010

Falls in New York City nursing homes can be classic sign of neglect

Falls are the leading cause of accidental death among older adults and nursing home falls are reaching epidemic proportions in this country, according to statistics provided by the U.S. Department of Health and Human Services.

Many of us reach the agonizing decision to place a loved one in a nursing home only because we believe the professional staff and medical care available will provide the safest environment. New York Life reports that the New York City area is one of the nation's most expensive for nursing home care -- with annual costs often exceeding $100,000. A New York City nursing home neglect lawyer can assist families in cases where a resident has been seriously injured or killed in a fall accident.

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The Journal of the American Medical Association reports that the average 100-bed nursing home reports as many as 200 falls per year. That means everybody falls twice! Naturally, elderly residents are more prone to suffering a fall accident -- that is part of why many of them have been entrusted to the care of a nursing home. The fact of the matter is that many nursing home falls are preventable and would not have occurred at all had proper supervision been provided or proper steps taken to help ensure an accident prone elderly resident did not suffer a serious or fatal injury as the result of a fall.

-About 5 percent of adults over 65 live in nursing homes, however nursing home residents account for about 20 percent of all fatal fall deaths.

-As many as three-quarters of nursing home residents suffer a fall each year.

-The average resident falls more than once. The average is 2.6 falls per person per year.

-About 1,800 nursing home residents die in fall accidents each year.

-Fall accidents frequently result in disability, health complications, declining function and reduced quality of life. On an emotional level, falls can result in a feeling of helplessness, depression, social isolation and a declining mental state.

Most common causes of nursing home falls

-One-fourth of falls are related to muscle weakness and patient health. Proper supervision of a patient with known medical issues can help ensure that he or she is not seriously injured or killed in a fall.

-About one-fourth are the result of environmental hazards that could have been prevented by the nursing home, including wet floors, poor lighting, incorrect bed height, ill-fitting wheelchairs or other causes.

-Complications from medication are the frequent cause of fall accidents. These, too, should be managed by a nursing home to prevent a patient from being injured in a fall.

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July 29, 2010

New York and New Jersey could see fewer car accidents with nationwide distracted driving law

The U.S. Department of Transportation has announced a National Distracted Driving Summit will be held in Washington, D.C. in September, as the federal government continues the push to get states to enact distracted driving laws.

Authorities believe fewer car accidents in New York and New Jersey are at least partly the result of distracted driving laws aimed at motorists who use cell phones to text message while behind the wheel.
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Recently, the New York Times reported that a lobbyist organization had dropped plans to form a lobbying group of cell phone companies, mobile device makers and automobile manufacturers that would have fought state and federal laws aimed at preventing motorists from using cell phones or text messaging while driving.

New York and New Jersey are two of just eight states that have outlawed hand-held cell phone use while driving, according to the Governor's Highway Safety Association. The other states are California, Connecticut, Delaware, Maryland, Oregon, and Washington.

Thirty states have banned drivers from text messaging -- eleven of those laws have been passed this year. Twenty-eight states ban all cell phone use by novice drivers; 18 states forbid bus drivers from using a cell phone while carrying passengers.

The National Highway Traffic Safety Administration reports that 6,000 people a year are killed in car accidents caused by distracted driving and more than 500,000 are injured. Only drunk driving and speeding are blamed for more serious and fatal accidents.

However, the patchwork of state laws is leading to much confusion. For instance, travelers to the New York area are often ignorant of the law. And many large cities have separate laws banning cell phones that are otherwise legal in the rest of the state.

The federal government is encouraging all states to enact a text messaging ban for drivers and many expect the next move will be to link such bans to highway funding -- the same inducement used to bring states into uniform compliance when it comes to enforcement of drunk driving laws, speeding and seat belt use.

"Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year," said Secretary LaHood. "By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road."

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