Personal Injury Attorney

Technology Can Improve Trucking Safety

sstark on March 3, 2015

Category: Legal Developments, Regulations & Laws, Safety, Trucking Accidents
Tag: Personal Injury Attorney, Sage Highways, Smartdrive, Technology in Trucks, Trucking

Trucking companies now have access to technologies which can dramatically improve the safety of their operation, safe on fuel costs, and provide accurate feedback concerning the conduct of their drivers. For example, products like “Smartdrive” utilize a multi-camera computer interface to simultaneously capture video footage of the driver’s actions within the cab of the truck and a driver’s-eye view of the path of travel, and combine it with other computer feeds from the truck itself to produce a real-time record of what is happening with any given truck. Though such systems, a trucking company’s safety director or fleet manager can track the location of a truck, the g-forces applied on the truck by the driver’s actions, engine and vehicle data (such as vehicle speed, engine RPMs, hard braking events, etc.), active safety system data (such as following distance, lane departures, etc.), and other similar data.

As a trucking lawyer at Stark & Stark, my question to the industry is why aren’t systems such as “Smartdrive” in broader use? Perhaps the answer lies in the impact the data from these systems can have in litigation. They have the unique ability to show exactly what was or wasn’t done by the truck driver. They can allow for a completely accurate reconstruction of a crash – one which eliminates the ability of a driver’s selective memory to create opportunities for the company to defend its wrongful actions.

However, the fact that trucking companies (and the public at large) should be focusing on, is that data from these systems can also be used to improve everyone’s safety. Companies which employ these systems and utilize technology have the ability to improve driver training and to identify dangerous drivers. As such, these systems can be used by the trucking industry to help stop crashes before they happen!

More information on “Smartdrive” can be found here.

A Year Later and Still Suffering

Bruce H. Stern on March 2, 2015

Category: About Brain Injuries, Brain Injury News, Brain Injury Resources & Links
Tag: Amy Zellmer, Attorney, Brain Injury, Fall on Ice, Personal Injury Attorney, Slip and Fall, TBI, TBI Survivor

I read a wonderful story by Amy Zellmer, a professional photographer and TBI survivor who published a firsthand account of her struggles with a mild traumatic brain injury. According to her story, Amy fell on a patch of ice and sustained a “mild” traumatic brain injury. Despite people telling her “it’s just a concussion,” a year later Amy is still struggling with the effects of her traumatic brain injury. I strongly recommend you read Amy’s story to understand what TBI survivors struggle with on a daily basis.

You can find the link to the story here.

If you have suffered form a traumatic brain in jury, contact Stark & Stark today for a free consultation.

Government to Release Data on Hospital-Acquired Conditions

Michael C. Ksiazek on February 27, 2015

Category: Medical Malpractice, Personal Injury
Tag: Foreign Object, Hospital Acquired Condition, Personal Injury Attorney, Surgical Error

As reported in USA Today, the Centers for Medicare and Medicaid Services, the federal agency that administers the Medicare, Medicaid and CHIP programs, will now make data regarding certain “hospital-acquired conditions” available on its website (www.cms.gov). These are adverse conditions that develop while a patient is in the hospital. This information had previously been publicly available. However, last year CMS limited its availability and, more recently, it was removed from the CMS website completely. Now, CMS states that it will again begin publishing this data and will make it available for public use.

“Hospital-acquired conditions” include the following:

Foreign Object Retained After Surgery
Air Embolism
Blood Incompatibility
Stage III and IV Pressure Ulcers
Falls and Trauma
Manifestations of Poor Glycemic Control
Catheter-Associated Urinary Tract Infection
Vascular Catheter-Associated Infection
Surgical Site Infection, Mediastinitis, Following Coronary Artery Bypass Graft
Surgical Site Infection Following Bariatric Surgery for Obesity
Surgical Site Infection Following Certain Orthopedic Procedures
Surgical Site Infection Following Cardiac Implantable Electronic Device
Deep Vein Thrombosis/Pulmonary Embolism Following Certain Orthopedic Procedures
Iatrogenic Pneumothorax with Venous Catheterization

If you or a loved one have developed a hospital-acquired condition, or have otherwise been the victim of medical negligence, contact the medical malpractice attorneys at Stark & Stark.

New Massachusetts Law Creates Process for Early Resolution of Medical Malpractice Claims

Michael C. Ksiazek on February 23, 2015

Category: Legal Updates, Medical Malpractice
Tag: Massachusetts, Medical Malpractice, New Law Massachusetts, Personal Injury Attorney

A new Massachusetts law has created a procedure designed to encourage early resolution of medical malpractice claims and avoid litigation. For the most part, in Pennsylvania and elsewhere, medical malpractice claims are adjudicated through the courts. Unlike other types of personal injury claims, where a significant percentage of cases settle before a lawsuit is actually filed, nearly all medical malpractice cases end up in litigation. Under the new Massachusetts law, anyone who intends to sue a healthcare provider must give the provider six months notice of their intuition to file a lawsuit. The idea is that this six-month period allows the healthcare provider the opportunity to investigate the claim and, if it has merit, negotiate a resolution.

In addition to the six-month waiting period, the law requires healthcare providers to inform patients when medical mistakes are made, and also incorporates an “apology law” which is similar to the Pennsylvania Benevolent Gesture Law that was recently signed into law. Like the Pennsylvania statute, the apology law allows healthcare providers to apologize for medical mistakes without having their words used against them in a subsequently medical malpractice case.

As I have discussed often in this space, states have taken a number of different approaches to limit, if not eliminate, the filing of frivolous medical malpractice claims and/to encourage the early resolution of such claims. The recent trend seems to be some variation of the waiting period Massachusetts has decided to employ. For example, in Oregon, the legislature has created a forum in which healthcare providers and patients can attempt to amicably resolve medical malpractice claims outside of the court system. Under that program, when a patient believes they have been the victim of medical malpractice, they have the option of holding a discussion with the doctor or other healthcare provider they believe has injured them. The conversation is completely confidential, and the parties have the option of having a mediator present. As with the Massachusetts law, the goal is to encourage early resolution of claims outside of the court system.

While Pennsylvania has enacted certain procedural mechanisms that have been very effective at limiting the filing of frivolous medical malpractice claims, they have yet to adopt any sort of formal program that would facilitate pre-suit settlement of such claims. However, at least in my own practice, I have seen an increase in the desire of healthcare providers and their liability insurance carriers to discuss pre-suit settlement. Perhaps Pennsylvania, like other states, will at some point take the step of endorsing and formalizing this process.

End Distracted Driving Now

sstark on December 11, 2014

Category: Personal Injury
Tag: Bucks County, Distracted Driving, Pennsylvania Attorney, Personal Injury Attorney

I was on a family vacation a few months ago and read a billboard that said, “If you want to speak with God, call Him. If you want to meet Him, text.” It was a pretty clever billboard, and I remember thinking, wow, even in Costa Rica? I sat at a traffic light on the way to work last week and counted 4 people talking in cells, and another two with their head and eyes staring into their laps. I sat at that very same traffic light this morning and counted 3 cell phone talkers and a woman applying lipstick. Granted we were all stopped at a red light, but let’s face it, those three calls were not going to miraculously end when the light turned green (they didn’t incidentally)

We have all read and seen the horrific stories in the news, and need only glance over at the cars around us to know that it is everywhere … even in Costa Rica! Distracted driving takes many forms, whether it be tuning the radio, reaching for a fry, or talking and texting. And whereas we don’t often hear about the accident caused when a parent reaches over to pick up a dropped sippy cup, we too often hear about the deadly crashes when a driver is texting (receiving or making).

From a legal standpoint, a distracted driver who causes property damage, personal injury and/or death is exposed to civil liability (monetary damages) and criminal liability (jail, probation, etc) depending on the circumstances and nature of the harm caused. Whereas each case is different, each case also seems to have been avoidable.

Below is an informative website, EndDD.org (End Distracted Driving) and the Casey Feldman Foundation, established “to raise awareness and generate action against the epidemic of distracted driving.” It was created by the parents of Casey Feldman, a college student, who was tragically struck and killed by a distracted driver in 2009.

If you or a loved one has been injured as a result of a distracted driver, contact Stark & Stark today for a free no obligation consultation.

Supporting Local Charity to Fight Cancer

starkblogsdev on December 1, 2014

Category: Community
Tag: Bucks County, pennsylvania, Personal Injury Attorney

A few weekends ago, I attended a wonderful charity event sponsored by the “Hellraisers Bucks County, LEMC”. The event was held at the Newportville Firehouse in Newpostville, PA on Sunday, November 2, 2014 to raise money for the mother of one of the members who was able to battle cancer thanks to the “Healing Consciousness Foundation” an organization that helps people overcome their battle with cancer. Although the name “Hellraisers” sounds intimidating for a motorcycle group, the members of this organization could not have been more welcoming and inviting, for this fundraising event. I want to thank Ron Zapolski, who is the “Ride Captain” for inviting me, and Stark and Stark to attend the event and for allowing us to contribute.

The Healing Consciousness Foundation (HCF), a non-profit organization, was founded by nationally recognized breast cancer surgeon, Dr. Beth Baughman DuPree. To find out more about the group and how you can help, please visit http://www.thehealingconsciousness.com/

Should you have a community event that you would like us to attend or sponsor, please contact us as we enjoy giving back to our community!

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