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Benson announces plan to eliminate the driver responsibility fee and discusses how it's unfair to Michigan drivers The scope of my blog is on news, tips and help for auto accident victims and drivers in Michigan. Today, I've invited Jocelyn Benson, the Democratic candidate running for Michigan Secretary of State to guest blog about an important ...
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No-Fault insurance lawyershares additional tips on what Michigans new auto accident law means for car accident victims and personal injury attorneys This is part two on topics and ideas that I'll be covering today and tomorrow at the No-Fault Institute Seminar for the Michigan Association for Justice in Southfield. Yesterday, I discussed the objective manifestation requirement ...
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Posted by: Salvatore J. Zambri, founding partner As we have posted several times in the past, drop side cribs are inherently dangerous, having caused numerous deaths and injuries. The popularity of these cribs is because they make it easier for caregivers to access the beds. The dangers come from poor design, poor assembly instructions and broken pieces, leading to unexpected side rail failure, making entrapment hazards, suffocation or strangulation. During the past five years, nine million of those cribs have been recalled. The Consumer Products Safety Commission CPSC warned parents in May, 2010 to stop using them. New York has joined the growing list of states to prohibit sales of drop side cribs. Featured below is the complete warning from CPSC from May, 2010, reproduced in its entirety for our readers:"Advice to Consumers Check your crib regularly and make sure it has not already been recalled. While CPSC staff cannot say that every drop-side crib is hazardous, based on investigations of incidents we have received, the agency believes that overall most drop-side cribs are more prone to mechanical failure than similar designed fixed-side cribs. In addition, older cribs may not meet current voluntary standards. Factors that contribute to safety problems in older cribs include: The longer a crib is used, the more wear and tear on hardware and joints, allowing screws to loosen and fall out and plastic parts to flex and break. Repeated assembly and disassembly increases likelihood that crib parts can be damaged or lost. Wood warps and shrinks over time and glue can become brittle. This can lead to joint and slat failures. Important Message from CPSC: CPSC reminds parents not to use any crib with missing, broken, or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop side or any other moving part operates smoothly. Always check all sides and corners of the crib for disengagement. Disengagements can create a gap and entrap a child. In addition, do not try to repair any side of the crib. Babies have died in cribs where repairs were attempted by caregivers. If your baby is less than six months old and is not yet able to push up to hisher hands and knees, you can put your baby to sleep in a bassinet. Make sure your bassinet has not been recalled. Heres a list. Also, you can use a play yard. Do not put additional bedding such as pillows, thick quilts, comforters or anything plush into your babys sleeping space. More babies die every year from suffocation in plush sleeping environments than from defective cribs. --- The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years. To report a dangerous product or a product-related injury, call CPSC's Hotline at 800 638-2772 or CPSC's teletypewriter at 301 595-7054. To join a CPSC e-mail subscription list, please go to https:www.cpsc.govcpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov." Don't gamble with your child's safety. I encourage you to sign up on the CPSC recall list and regularly check for recalls before purchasing any products for your children. Do you have any questions about this post? About the author: Mr. Zambri is a board-certified cicil trial attorney and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, product liability actions, work-related injuries, serious truck and car collisions, and medical malpractice claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine MarchApril 2010--a national publication that honors the top lawyers in America. Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements. If you want more information about your legal rights, please email Mr. Zambri at szambrireganfirm.com or call him at 202-822-1899.
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Posted by: Salvatore J. Zambri, founding member and senior partner As you know from reading my blogs, I have been giving presentations for years to students throughout the Metro area about the dangers associated with driving while being distracted through cell phone use, texting, drinking, loud music, rubber-necking, etc.. The Department of Transportation has announced that it will hold its second National Distracted Driving Summit on September 21. I applaud this effort. The DOT stated on its website: "From the powerful momentum of last year's distracted driving summit, we've seen some important efforts emerge in the fight against this deadly epidemic. But we're not about to rest now. That's why we're hosting a second National Distracted Driving Summit on September 21 here in Washington, DC. By getting the best minds together, we think we can figure out effective ways to get people to put down their phones and pay attention to the road." Distracted driving is an epidemic indeed. We need stronger regulation, greater education, and cooperation by parents and communities to resolve the problem. If we don't act fast, millions of people will be severely injured or killed. Here are a few of my previous blogs about distracted driving that you may find interesting: Distracted Driving Kills, Seriously Injures More Than 1.6 Million Car Crashes Caused By Texting, Cell Use Cell Phone Use, Texting While Driving Causes Catastrophic Consequences Oprah Winfrey Speaks Out Against Distracted Driving Laura Bush's New Book: More Attention to Distracted Driving Please drive safely. Do you have any questions about this post? About the author: Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers 2011 edition and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine MarchApril 2010-- national publications that honor the top lawyers in America. If you have any questions about your legal rights, please email Mr. Zambri at szambrireganfirm.com or call him at 202-822-1899.
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Posted by Salvatore J. Zambri, founding member and senior partner Once again, the National Highway Traffic Safety Administration NHTSA is promoting its annual national drunk driving enforcement during the final weeks of summer vacation in an effort to crack down on impaired driving and reduce highway fatalities. 2010 Impaired Driving National Enforcement Crackdown August 20 - September 6, 2010Key points from the NHTSA Campaign listed below emphasize why there is still a need to educate drivers of the dangers of impaired driving. "Impaired driving is a deadly crime thats still prevalent throughout America and is especially common among young males 21 to 34 years old. To crack down on alcohol-impaired driving which is especially common in the summer police in every State and most U.S. towns and cities will be out in record numbers from mid-August through Labor Day August 20September 6. All 50 States, the District of Columbia and Puerto Rico have established a threshold making it illegal per se to drive with a blood alcohol concentration of .08 grams per deciliter or higher. Yet nearly 12,000 people in 2008 were killed in U.S. highway crashes involving a driver or motorcycle rider with an illegal BAC of .08 gdL or higher, according to NHTSA statistics. In 2008, 5,432 passenger vehicle drivers 21 to 34 years old were killed in motor vehicle crashes. Of those, a total of 2,866 53 had illegal BACs of .08 or higher. Alcohol impairment among drivers involved in fatal crashes was four times higher at night than during the day 36 versus 9. Thirty-two percent of drivers involved in fatal crashes on weekends were alcohol-impaired, compared with 15 percent during the week. In 2008, 32 percent of fatalities in motor vehicle traffic crashes involved drivers or motorcycle riders with BACs of .08 or above an average of one fatality every 45 minutes. The percentage of drivers with BACs of .08 or above involved in fatal crashes in 2008 was highest for motorcycle riders 29 percent, followed by drivers of light trucks 23 percent and passenger cars 23 percent. Forty-three percent of the 2,291 motorcycle riders who died in single-vehicle crashes had BACs of .08 or above. The age groups of 45 to 49 and 40 to 44 had the highest percentages of impaired BAC of .08 or higher motorcycle riders killed in fatal crashes 41 percent and 37 percent, respectively. Impaired driving is not an accident its an epidemic of careless disregard for human life. Each year, nearly 12,000 people die on our roads due to impaired driving. That would be equal to about 30 jumbo jets crashing each year. No one should ever get that late-night phone call from the police telling you your loved one has died due to an impaired driver." The ultimate results of impaired driving will eventually catch up with those who believe "it will never happen to them." Be safe on the road by driving smart. Please don't drink and drive. It's a matter of life and death for not only you, but all others on the roadway. About the author: Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners. His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA. Mr. Zambri has been named one of the "Best Lawyers in America" by Best Lawyers 2011 edition, as well as a "Super Lawyer" by Super Lawyer magazine MarchApril 2010-- national publications that honor the top lawyers in America. If you have any questions about your legal rights, please email Mr. Zambri at szambrireganfirm.com or call him at 202-822-1899.
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Reglan metoclopramide, a prescription medication used to treat gastroesophageal reflux GER and gastroesophageal reflux disease GERD in children and adults has been linked with Tardive Dyskinesia, a potentially permanent movement disorder. The FDA approved Reglan for short term use in 1995. However, approximately, one-third of patients taking Reglan including thegeneric form, metoclopramide, are on the drug for12 months or longer.In 27 to 29 percent of the patients, thereis a prevalence of Tardive Dyskinesia. Tardive Dyskinesia is a neurological disorder that consists of potentially irreversible, involuntary movements of the face, lips, mouth, tongue,and sometimes the legs,arms, and trunk. Both the risk of developing the syndrome and the likelihood that it will become irreversible are believed to increase with the duration of Reglan use and the total cumulative dose.. On February 26, 2009, the U.S. Food and Drug Administration FDA announced that manufacturers of metoclopramide must add a black box warning to their drug labels to warn about the risks associated with its long-term or high-dose use. Tardive Dyskinesia is characterized by repetitive, involuntary movements. These symptoms range from being very mild to very severe, which may be irreversible. Some of these symptoms include: Jerking movements of the tongue,face, mouth, and jaw Involuntary movement of the hands and fingers Uncontrolled movement of the arms, legs, and trunk. If you or a loved one has developed Tardive Dyskinesia as a result of taking Reglan, see your doctor immediately for an evaluation. FDA Requires Boxed Warning and Risk Mitigation Strategy for Metoclopramide Reglan
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The highways can be extremely dangerous for all drivers. When it comes to motorcycles, this danger increases greatly. Recently, a motorcyclistwas critically injured after a hit and run wreck with an SUV. The biker was riding with two other motorcycles when an SUV ran a stop sign. After running the stop sign, the SUV collided with one of the motorcyclists, which caused it to roll over. The other two motorcyclists put their bikes down on the asphalt in an effort to avoid a head on motorcycle crash. One of the motorcyclists who laid down his bike hit his head on a fire hydrant and suffered critical head injuries. All three motorcyclists were wearing helmets. In an unwise move, the SUV driver ran from the scene. The police apprehended the hit and run SUV driver several hours later. The authorities are investigating the accident. Despite the known dangers, motorcycle riding is quite popular, according to the U.S. Department of Transportation, there were 7.1 million motorcycles on the road in 2007 and in 2008, sales for motorcycles were over 1 million in 2008. During this time motorcycle fatalities also increased, in 2008 reaching the record number of 5290 in 2008. There has also been a dramatic jump in the number of deaths among motorcyclists age 40 and older in recent years. The Governor's Highway Safety Association GHSA issued a preliminary report on Motorcyclist Traffic Fatalities by State for 2009. In the Spotlight on Highway Safety report on motorcycle fatalities for 2009, there was a trend in a decrease towards fatalities. The report only included data from 39 States, however, this trend is positive news. The top nine states with motorcycle fatalities include the following states: California, Florida, Illinois, Indiana, New York, North Carolina, Ohio, Pennsylvania and Tennessee. 2008 2009 Change CA 454 321 - 133 FL 413 302 -111 IL 110 113 3 IN 112 104 -8 NY 159 134 -2 NC 147 136 -11 OH 184 136 -48 PA 202185 -17 TN 132 101 - 31 This brings us to a few very important issues. How can we make the roadways a safer place for motorcyclists and other drivers? The Motorcycle Safety Foundation has created a great list on Ten Things All Car Truck Drivers Should Know About Motorcycles. Please click on the link below to read a fewselectedfew highlights from this list. Ten Things All Car Truck Drivers Should Know About Motorcycles 1. Look for motorcycles, especially when checking traffic at an intersection. 2. It may also be difficult to judge a motorcycles speed. When checking traffic to turn at an intersection or into or out of a driveway, predict a motorcycle is closer than it looks. 3. Due to its size, a motorcycle can be easily hidden in a cars blind spots. Take an extra moment for thorough check traffic at all intersections. 4. Because of its small size a motorcycle may seem to be moving faster than it really is. Don't assume all motorcyclists are speed demons 5. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist may slow down without visual warning. 6. Turn signals on a motorcycle usually are not self-canceling and riders may forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real. 7. Motorcyclists adjust lane position for a purpose, not to be reckless. Common reasons Motorcyclists adjust lane position include, making it easier for drivers to see them and to minimize the effects of road debris, passing vehicles, and wind. 8. Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way. 9. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime." 10. When a motorcycle is in motion, don't think of it as motorcycle think of it as a person. www.msf-usa.org 405
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From the Courtroom Podcast with Colette Meyer On a recent edition of the firms From the Courtroom podcast series, Managing Shareholder and attorney Brian LaBovick sat down to discuss estate planning, wills and trusts with fellow lawyer Colette Meyer of the Meyer Law Firm. In the interview, attorney Meyer describes the importance of helping people secure their familys expectations and values for future generations. She also talks about the significance of planning and being prepared for lifes events, including illness and death. Attorney Meyer began her career in Jupiter, Fla. at a well-known New York based law firm. Since that time, she has gained a wealth of experience in the field of estate planning, including many years of practicing law for large and nationally known firms in Florida and New York. She started the Meyer Law Firm in Jupiter, Fla. more than 11 years ago and continues to help clients prepare for their future through estate planning, probate and other areas. Throughout the interview, attorney Meyer stresses the importance of treating each client with respect and on an individual basis. She also discusses how some estate planning lawyers fail to see beyond a set of legal documents into the real needs of a person or family trying to plan for future events. We dont just prepare documents. I found one of the biggest failures of lawyers in the estate planning area is they look at it like a set of documents, but its far more than that, attorney Meyer stated during the interview. I dont let a client get out the door with knowing how they own things. For example, do they own things jointly with their children or jointly with their spouse? I determine How they own things and make sure that whatever plan I put in place actually works by re-titling assets if necessary. In her spare time, attorney Meyer enjoys spending time in her pool and fulfilling her love for the arts as president of the Lighthouse Center for the Arts Board of Directors. To find out more information onAttorney Colette Meyer and theMeyer Law Firm,visitthe firm website atwww.meyerandmcdonald.com. From the Courtroom Podcast with Colette Meyer
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We're dedicating this weekend in Lindy's honor to say she was a good mother, she was doing everything right, she made one small mistake. In honor of her, we're asking everybody else, don't make the same mistake." Highway Patrol Trooper Lee Perry A tragic accident claims a mothers life Last week, Lindy Ross was driving through Tremonton in northern Utah with her three children safely secured in their car seats. Ross had always been faithful about wearing a seat belt, but had briefly taken it off to reach for something for the children. In this short timeframe, she lost control of the car and crashed. She did not survive the accident. Rosss nearest relative was out of state and was not be able to arrive at the scene of the crash for several hours. Lee Perry, a Utah Highway Patrol trooper, responded to the accident and was devastated at the scene. He felt an obligation as a husband and a father to make sure the children were in good care. He brought them dinner and took them to his home until their relatives arrived.
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Rarely do I get a chance to discuss baseball on our Injury Law Blog. The following caseregardingrecent verdict in the wrongful death ofa NY Mets Pitcher presented the perfect opportunity. A Miss.jury awarded the family of Brian Cole a131 million verdict in the wrongful death lawsuit involving a Ford UV Rollover. According to former Mets Manager, Brian Cole was a top prospect and the NYMets were building a team around him.He had a very promising career in baseball before his life was cut short in the fatal Ford Explorer Rollover accident. Brian LaBovick, Esq., Managing Shareholder, LaBovick LaBovick, P.A., made the following statement about the verdict: "Thank God the jury had the courage to value the case properly so that Ford learned a valuablelesson, that a person's life has value.They must fix their defective automobiles so they protect human life rather than cause the loss of life." According to ESPN, the Colefamily contended the following: "The Explorer is defective and unreasonably dangerous for the uses for which it was marketed because the vehicle has an unreasonable tendency to roll when used as Ford marketed it to be used as a station wagon replacement, and that the vehicle is also defective and unreasonably dangerous from an occupant protection or 'crashworthiness' standpoint because the safety belt failed to remain locked and permitted Brian to be thrown from the car and killed." As one would expect, Ford did not admit any wrongdoing and blamed that the accident was caused by the fault of the driver, excessive speed and not wearing a seatbelt. Ford issued the following statement after the trial: "This was a tragic accident and our sympathy goes out to the Cole family for their loss, but it was unfair of them to blame Ford. Further they stated that Brian Cole had been driving over 80 mph when he drifted off road for unknown reasons, suddenly turned his steering wheel 295 degrees, lost control, and caused the vehicle to roll over more than three times. He was not wearing his safety belt and died after being ejected from the vehicle. His passenger, who was properly belted, walked away from the accident Eleven of the 12 jury members agreed on the verdict against Ford, after which the case was settled.It was the third time the case was being tried. A Few DRIVINGSAFETYTIPS: Pay attention to the Road Don't Speed Wear Your Seatbelts Don't Drive while intoxicated Don't run Red Don't Text While Driving Click on the following link to read more on the ESPN storyonBrian Cole's family wins 131 Million
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