A new proposal by Boston City Councilor Rob Consalvo would require or authorize parking valets to keep the keys of intoxicated persons. As part of the proposal, Councilor Consalvo said that parking valets would be trained to identify the indicators that a person is drunk, much like bartenders and restaurant managers are, according to news channel WHDH in Boston.
]]> WHDH found that many valet companies already try to prevent drunk drivers from getting behind the wheel by offering to call or hail a cab. Dan Donahue of Lenox Hotel told WHDH: "It's kind of a sticky issue. Our valets obviously - if somebody's obviously drunk, they won't give them the keys, and it's common sense to put them in a cab. We pay for the cab."By enlisting parking valets as a line of defense against drunk driving, there may be an opportunity for those that are either injured or lose a loved one in a car accident involving an intoxicated driver to hold parking valets and the companies they work for responsible for the injuries that are incurred.
Source: "Councilor proposes law to prevent drunk driving," WHDH.com, 2/6/12
]]>One of the studies, as reported by U.S. News, examined 40 children aged two to seven several times after suffering TBIs (12 months, 30 months and ten years post-TBI accident) and compared the results of the exams to children who had not suffered TBIs. The study found what many would expect, that the children that suffered the worst TBIs suffered the most cognitively.
]]> However, the study found that children continued to improve and recover, even years after the accident. According to Vicki Anderson, this study's lead author and a professor at the Murdoch Institute, children may benefit from therapy and intervention years after suffering an injury.The other study examined 53 children between the ages of 4 and 6 who suffered TBIs before age 3 and compared them to 27 children of a similar age who had not suffered TBIs. The study found that children who suffered mild TBIs were able to recover from the injuries to have similar IQ test results as the non-injured children. However, the children who suffered moderate-to-severe TBIs had lower IQ results.
Additionally, this study found that children who suffered mild-to-moderate TBIs were more likely to exhibit behavioral issues.
Both studies found that children who suffer TBIs seem to be resilient and the ability to recover, even if not fully, from TBIs. Both studies also found that children who come from home environments that are stable and caring recovered from TBIs better than other children.
Source: "Severe Brain Injury When Young May Have Long-Term Effects," U.S. News & World Report, 1/23/12
]]>Three-Year Study Requested
Concerns were raised that these changes would compromise safety of other vehicles and increase the risk of truck accidents. The heavier trucks could also damage local roads that were built to less robust standards than the interstate highway system.
The vote went along party lines, with Republicans backing trucking interests and Democrats opposing the larger trucks. The committee has requested a three-year study to determine the effect the heavier trucks would have on safety and the highways.
]]> About One Trillion Dollars ShortThe transportation bill has been criticized as inadequately funding the nation's highway infrastructure. The Washington Post reports that the price tag for the five-year bill was limited to $260 billion.
The necessary repairs and reconstruction of much of the highways, bridges and other transportation infrastructure would come in at that much per year, meaning the price tag for the bill should be $1.3 trillion.
CNN reports Sen. Frank Lautenberg as saying, "If there was ever a recipe for disaster, this is it." He is the Chairman of the subcommittee. The article also cites statistics from the Truck Safety Coalition indicating truck crash fatalities increased 9 percent in 2010 to 3,675.
Given the risks posed by larger overloaded trucks and the potential damage to ageing roads and bridges, combined with the refusal by Congress to adequately fund transportation systems, it seems appropriate that they are requiring a study to gauge the effects of the trucks. The study would examine the effects on crash rates, vehicle-miles traveled, pavement performance, bridge reliability and other factors.
Source: "Lawmakers debate effects of longer, heavier trucks on highways," Washington Post, 2/2/12
]]>The decline of teen driving is not just a trend among younger teens; older teens are driving less. The number of 18-year-olds with licenses dropped from 80 percent in 1983 to 65 percent in 2008. There is a similar trend among 17-year-olds: the number of driver's licenses in that age group dropped from 69 to 50 percent in 1983 and 2008 respectively.
]]> Many Reasons for the DeclineThere are numerous financial and personal reasons why teenagers, both younger and older, are shunning their driving privileges. For starters, adding a teen driver to an automobile insurance policy can be expensive, so some parents are encouraging their teen children to delay getting their licenses.
In addition, the expenses involved with learning how to drive such as drivers education classes, gas and the cost of a car itself factor into teens' decision to take up driving.
Finally, the impact of social media and the Internet is another explanation. As teens today prefer electronic communication to actual contact with people, they no longer feel the need to learn how to drive an automobile in order to visit and connect with their friends.
Effect on Safety
One might think that fewer teen drivers on the road would make the roads safer. However, recent studies say that this is not the case. Every state has a graduated driver licensing (GDL) program where a 16 or 17-year-old driver must pass through a supervised learners state and an intermediate state with restricted driving privileges before he or she can drive unrestricted.
The studies suggest that since teens are delaying getting their licenses until they are at an age where they don't have to undergo a GDL program, they are simply having car accidents at a later age. The studies show that since GDL programs were put in place in the 1990s, there has been a decrease in accidents involving 16-year-old drivers. However, the study also found that this decrease was balanced by a roughly equal increase in car accidents involving 18-year-old drivers.
Source: "Why Your Teen Does Not Want to Drive," Fox News, 1/15/12
]]>The study's novel approach employed drivers in real-world rather than simulated conditions. Forty-two drivers, ages 16 to 54, drove an 11-mile test track while either sending or receiving text messages. Researchers measured their reaction times to flashing signals. The drivers then drove the track again with their focus only on the road.
]]> In short, the two situations produced starkly different outcomes. Drivers not texting took two seconds to respond to a flashing light, but texting drivers needed three to four seconds to respond; twice the reaction time. Even worse, texting drivers were 11 times more likely to completely miss a flashing light."Even though we had participants drive at 30 miles an hour with very wide lanes on the test track, we still had many close calls," said researcher Christine Yager in an article for TMCnet.com. "We had participants strike barrels and it is very scary to think that this is happening on our public roadways."
Massachusetts Program Takes Message to Students
According to Distraction.com, traffic fatalities linked to driver distraction increased from 10 percent in 2005 to 16 percent in 2009, the latest figures available.
To discourage distracted driving among teenage drivers in Massachusetts, Hampden County District Attorney Mark Mastroianni developed a program that shows the human toll distracted driving takes on real people and their families. As part of the program, father Jim Butcher shares his story of losing his daughter to a distracted driving accident with other teens. Due to its success in Palmer, Massachusetts, the program was extended from prom season to year-round use.
Source: TMCnet.com, "New Study Reveals Texting While Driving Is Highly Dangerous, Even More So Than Previously Thought," Jamie Epstein, Oct. 6, 2011.
]]>Those currently dealing with heart disease may qualify for Social Security disability benefits (SSDI benefits) if they fit certain criteria. Essentially, the disability must be one which severely limits one's ability to perform basic living functions, such as bathing, dressing, getting in and out of bed, grooming and eating. Qualifying disabilities are those that have existed (or are expected to exist) for 12 months or more.
]]> In the realm of heart disease, the Social Security Administration recognizes "cardiovascular impairment" as any disorder that affects the proper functioning of the heart or the circulatory system. Among the many impairments that can limit a person's ability to function normally, the SSA specifically recognizes chronic heart failure, ischemic heart disease, recurrent arrhythmias, congestive heart failure and peripheral arterial disease.Applicants must provide medical evidence that satisfies one of the SSA's classifications. Such evidence may include detailed medical history reports, physical examinations, laboratory studies, and records of any prescribed treatment.
The SSA generally relies on three months of prior medical records in determining eligibility, unless it can make a decision based on an applicant's current medical condition. Nevertheless, records of ongoing treatment are critical because an applicant may be unable to show that he or she is impaired without them. As such, complete medical records are a key consideration in applying for disability benefits.
The preceding is not intended to be legal advice. If you have questions about applying for Social Security disability benefits based on heart disease, an experienced attorney can advise you.
Source: Social Security Online, Bluebook, "4.00: Cardiovascular System - Adult."
]]>If you are in debt, Boston bankruptcy lawyers are ready to help you decide what your next steps should be. Bankruptcy may be the right choice to start anew and begin building your more positive financial future.
]]> How Long Will Bankruptcy Stay on My Credit Report?Personal bankruptcy can stay on a credit report for 10 years. During that time, it may be more difficult to get credit or a loan. However, bankruptcy also allows you to work toward managing your finances and becoming a responsible borrower.
Through Chapter 13 bankruptcy, a debtor creates a repayment plan where he or she pays back creditors over three to five years. In Chapter 7 bankruptcy, a debtor's assets are liquidated (sold) in order for the debtor to have a "fresh start." If you are considering filing for bankruptcy, note that you must also go through credit counseling. Credit counseling can help you understand how to improve your credit and how bankruptcy will affect your credit report.
How Can I Recover Credit After Bankruptcy?
Some steps you can take to help improve your credit score after bankruptcy include:
The most important thing to keep in mind is that bankruptcy is not the end of the road; it may, in fact, be the beginning.
Source: Federal trade Commission, "Building a Better Credit Report," Aug. 2011.
]]>Yet, the merge of technology and driving goes far beyond texting while driving and other cell phone use. A recent Detroit Free Press story noted, "Wireless technology, Smartphone apps and computer operating systems for cars have opened a virtual faucet of infotainment and well-meaning features."
Gone are the days of a radio and speedometer being the only distractions on the dashboard. Now, GPS/navigation systems with back-up cameras, Smartphones with internet connections, and display screens with DVD players can all be installed in a car.
]]> You can update your Facebook page, text a friend, catch the Red Sox's score, see how your stocks are doing, check movie times and find a restaurant. A 2009 Pew survey indicated that 26 percent of 16 and 17-year-olds had texted while driving, even with it being illegal in 34 states."When you're looking down at your texting device when you're behind the wheel of a car, your car goes the length of a football field in 4 seconds and you're not looking... that's dangerous" said Transportation Secretary Ray LaHood.
More Apps, More Money
The problem will only get worse, as there is a lot of money to be made by selling hardware and software for cars, and the public's demand seems to be insatiable.
By 2015, the base of users is expected to grow to 26.6 million who will spend $438 million on their in-car apps.
A study by GigaOM Pro shows the market for apps on older vehicles could exceed $680 million globally by 2015.
Regulation?
While Secretary LaHood has made distracted driving a high profile issue, exactly what form regulation will take is uncertain.
Drivers clearly want the technology, but determining how to allow the technology in cars, yet still keep drivers safe, is a challenge. Furthermore, the technology is advancing so quickly that it is difficult for regulators to adapt.
Massachusetts Law
Currently, in Massachusetts, the law for cell phone use in motor vehicles includes:
A primary law is one where the police can stop you for that violation.
]]>This Massachusetts Turnpike accident underscores multiple safety issues that SUV rollover accident lawyers often see when litigating accident cases.
]]> First is the SUV rollover accident itself. More than 10,000 people are killed each year in SUV rollover crashes, according to the National Highway Traffic Safety Administration (NHTSA). In fact, more than 30 percent of all fatal SUV accidents are rollover crashes. SUVs are prone to rollover because they have a high center of gravity, are wide, and typically carry heavier loads.Second, the boy killed in the SUV rollover accident wasn't wearing his seatbelt. Seventy-five percent of all rollover fatalities happen the same way as the July 28th fatality; passengers are ejected from SUVs because they don't take the time to put on their seatbelts. We hear it every day: seatbelts save lives. SUV rollover crashes like this remind us just how true that statement is.
Finally, this accident happened on a busy highway: the Massachusetts Turnpike. Due to the sheer number of cars on the highway, the Mass Pike sees many car accidents. Drivers must stay vigilant to protect themselves and others from serious injury.
If you have been injured in a car accident on the Pike or have lost a loved one in an SUV rollover accident, you may be able to recover compensation for your injuries. Discuss your case with an experienced SUV rollover accident lawyer.
Source: How Stuff Works, Rollover Accidents Explained
]]>General term alimony would entail regular payments to an economically dependent former spouse. A distressed spouse would receive rehabilitative alimony if he or she is expected to eventually become financially independent. Finally, reimbursement alimony would be paid to a spouse in a short-term marriage, or to a spouse who helped pay for the other spouse's education.
]]> The law would also provide guidelines for spousal support payments. Factors such as the duration of marriage; the age and health of the parties; both parties' income, employment and employability (including employability through reasonable diligence and additional training); as well as each spouse's economic and non-economic contributions may be considered in crafting a decree. For marriages longer than 20 years, judges would have discretion to order such alimony and determine its duration.A key component of the Alimony Reform Act of 2011 addresses a longstanding fairness issue that has vexed those paying alimony for years. Alimony recipients have been circumventing the law by simply living with, and not marrying, life partners who support them financially. The new law would stop alimony payments in situations where recipients have established "common households" with other parties. Essentially, if an alimony recipient resides with another for more than three months, the payor may petition for relief.
Further, individuals may seek modification of current spousal support orders so that they conform with the new law. For questions about alimony modification or the proposed legislation, contact a family law attorney experienced in alimony.
]]>According to the National Safety Council, more than 8.6 million people are significantly injured in falls each year. Injuries span from bruises and broken bones to severe spinal cord injury, brain injury and even death. Slip-and-fall accidents / trip-and-fall accidents can happen anywhere: at a grocery store, on a construction site, at water parks, on a public sidewalk, on someone's private property, and elsewhere.
]]> Elderly Victims of Slip and FallsIndividuals over age 65 are not only more prone to falls, but also more likely to be killed or injured by a slip and fall or trip and fall. In fact, falls kill four times as many individuals over 65 as any other age group. Those who survive a slip and fall are often permanently injured.
While individuals over 65 can take steps to minimize slip and falls (such as taking calcium and vitamin D supplements to increase bone and muscle strength, exercising regularly and ensuring that their shoes are adequate for walking), many slip-and-fall accidents are caused by others' negligence.
Premises Liability Claims for Slip-and-Fall Accidents
When negligence is at play, the injured individual can bring a premises liability claim against the property owner. Types of negligence include:
If you or a loved one has been injured in a slip-and-fall accident, contact an experienced premises liability lawyer to learn whether you can bring a claim.
]]>Massachusetts' Health Insurance Law
In 2006, Massachusetts became the first state to mandate individual health insurance for its residents, four years before the Patient Protection and Affordable Care Act was signed into law by President Obama in 2010.
Changes to Massachusetts' insurance law included:
Health Insurance and Bankruptcy Study #1
The first study of the impact of mandatory health insurance on bankruptcies was performed by a doctorate candidate in economics at the University of Illinois, Sarah Miller. The unpublished research found that the number of personal bankruptcies declined as more Massachusetts residents obtained health insurance.
Between 2006 and 2009, Massachusetts counties with the highest rates of uninsured residents experienced a 20 percent drop in bankruptcies when compared to counties outside the state with similar rates of uninsured residents. There were no significant changes in unemployment or the number of business bankruptcies during the same period, suggesting that the reduction in personal bankruptcies was not caused by improvements in the economy.
In addition, when the number of households eligible for Medicaid increased by 10 percentage points, the number of personal bankruptcies decreased by 8 percent.
Study #2
However, the second study found no significant change in the number of bankruptcies caused by medical debt after Massachusetts' mandatory health insurance law was enacted. In their report in the American Journal of Medicine, researchers David Himmelstein, Deborah Thorne and Steffie Woolhandler wrote that health insurance reform "did little to upgrade existing coverage or reduce costs, leaving many of the insured with inadequate financial protection."
After reviewing court records and bankruptcy surveys, Himmelstein, Thorne and Woolhandler found that the number of personal bankruptcies caused by illness or medical debt actually increased in Massachusetts between 2007 and 2009. In 2007, 7,504 bankruptcies were caused by medical debt, while in 2009, 10,093 bankruptcies were caused by medical debt.
For their study, Himmelstein, Thorne and Woolhandler classified a bankruptcy as caused by medical debt if the individual who filed for bankruptcy:
These studies are inconclusive as to whether Massachusetts' mandatory health insurance law has reduced the cost of medical care or decreased the number of personal bankruptcies caused by medical debt in the state.
For people struggling with overwhelming medical debt, though, filing for bankruptcy may be the key to getting back on their feet.
]]>The problem facing car accident victims that suffer from serious brain injuries is that while insurance will often cover the costs of the intensive care required right after the accident, insurance companies vary widely on whether they will provide money for long-term treatment facilities.
]]> These long-term rehabilitative care facilities, like the one that Tucson shooting victim Rep. Gabrielle Giffords is currently residing, are like boot-camps for the brain. Common rehabilitative activities include exercises that improve cognitive function. Studies show that cognitive therapy is most effective in helping a brain recover in the critical first months after an injury.While the successes of rehabilitative treatment after a brain injury are documented, the availability of treatment for a brain injury victim is still inadequate. Insurance coverage is often limited to only hospital care following the injury, not the costs of long-term care. Many insurers consider the evidence for cognitive therapy to be "shaky at best," which is why such a large number of health insurers refuse to foot the bill for the $600 to $8,000 a day rehabilitative care.
And sadly, because most victims who suffer from a traumatic brain injury are discharged from the hospital, the full picture of a brain injury's long-term effects, such as memory problems, emotional distress, the inability to speak properly or to regain full limb function, disappear from view. Many are, instead, admitted to nursing homes or receive in-home care for their brain injury, but they don't receive the sort of rehab care that may be the difference in a victim suffering from temporary or permanent brain injury effects.
After a car accident where a victim experiences a brain injury, it is important to consult with a skilled attorney. If another driver caused the accident, there may be opportunities to obtain compensation for the important rehabilitative care that can seriously reduce the long-term effects of a traumatic brain injury. A Massachusetts brain injury lawyer can help a car accident victim iron out critical insurance issues and file suit against the at-fault party.
Source: USA Today (online) "For Brain Injuries, A Treatment Gap"
]]>The accident occurred at the intersection of Arlington Street and Tremont Street at approximately 8:10 a.m. on January 24. While the bicyclist was transported to the local hospital following the car crash, hewas pronounced dead upon arrival at Boston Medical Center. According to Boston Police, the cause of the car and bicycle accident is still under investigation.
]]> The accident prompted the Boston Cyclists Union to repeat their request for a citywide 20 mph speed limit. According to the director of the union, a British study found that car accidents are less likely to be fatal to bicyclists when the driver is traveling under 20 mph. When driving 30 mph, the accident is likely to be fatal to the bicyclists 45 percent of the time; the fatality rate dropped to 5 percent when the driver is only traveling 20 mph.Although the crash investigation is not yet complete, many Boston bicyclists know how dangerous it can be to share the road with cars. Drivers are often unaware of bicyclists; failure to use proper caution or put down electronic devices often results in serious and fatal injuries to bicyclists.
An at-fault driver who does not exercise care on the road and causes a bicycle accident can be held responsible for the crash. A personal injury suit may provide compensation for the injuries sustained, medical bills and lost wages. The family of a victim killed in a bicycle accident may also be able to file a wrongful death lawsuit against the at-fault driver to hold the driver responsible for his or her reckless actions.
Source: Boston Globe (online) "Bicyclist, 74, Killed in Downtown Boston Crash"
]]>In 1999, a study by the Insurance Research Council (IRC) found that 13 percent of drivers were uninsured. A similar report in 2003 found that number had spiked to nearly 15 percent. The IRC now predicts that number to grow even higher in 2010.
]]> The most recent IRC study notes a strong correlation between unemployment numbers and the number of uninsured motorists. Specifically, the IRC found that an "increase in the unemployment rate of one percentage point is associated with an increase in the uninsured motorist rate of more than three-quarters of a percentage point." Calculating current unemployment numbers and projections, the IRC expects 16.1 percent of all drivers to be uninsured this year.According to Edmunds, every state, except New Hampshire and Wisconsin, requires drivers to carry liability insurance. Though the amount of coverage can vary from state to state, the required coverage typically covers three areas:
In Massachusetts, drivers are required to carry coverage for $20,000 single bodily injury coverage, $40,000 in total injury, and $5,000 in property damage. The Massachusetts insurance coverage minimums are not the only option for drivers. Often residents opt for auto insurance policies that are much higher. It is not uncommon to see auto insurance policies with a coverage ratio of 50/100, 250/500 and even $1 million in coverage. Commercial vehicles are often covered with even larger policies as well.
Massachusetts also requires drivers to carry personal injury protection (PIP) and uninsured motorist coverage. Personal injury protection policies not only helps pay for hospital and medical bills, but also helps cover any lost wages from an accident under your own policy. Child care and funeral expenses can also be covered under PIP policies.
Dealing with an insurance company after a car accident can be a frustrating experience and you may not receive the coverage you are entitled to if you deal with them alone. If you have been in an accident, it is important to work with an experienced attorney to make sure that your interests are protected.
Related Resourece: Edmunds "How Much Car Insurance Do You Need"
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