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Critic Raises Questions over Crash and Death Rates of Cirrus Aircraft In “Dead Pilots Don’t Lie”--Surprising Fatality Safety Analysis of Cirrus “Parachute” Planes vs. Cessna Small Planes

Rick Shapiro — Wed, 06 May 2009 08:00:17 GMT

I just returned from the Buffalo, NY funeral of my good friend, Michael Doran, a successful personal injury lawyer from Buffalo, New York, who last week died in a Cirrus SR20 plane he was piloting, that crashed just after take-off near Cleveland. Michael, age 51, of Doran & Murphy law firm was an avid pilot and had recently purchased a Cirrus aircraft, the new breed of small plane which features safety parachute technology. Michael and a young promising attorney named Mathew J. Shnirel who had recently joined his law firm had just taken off from a small airport near Cleveland when (apparent) engine trouble forced him to immediately circle back toward the airport, before the plane crashed just outside a residential area according to news reports-it appears Mike purposefully and heroically barely cleared a residential area, crashing beside a church.

Was it mechanical failure? Why couldn't Michael have deployed the parachute-was the altitude and speed too low or did an engine failure prevent parachute deployment? Even my law partner, Jim Lewis, himself a pilot of small planes who blogs on aircraft accidents, did not have any answers though we all suspect engine failure. Following the emotional funeral and moving eulogies by family and friends, I still was looking for answers to difficult questions on my return home. Also, I recalled Michael telling me (we snow skied together) that he bought the Cirrus aircraft partly because of the safety parachute feature and I knew he was a safe pilot just from him explaining how very careful he was with weather conditions before ever flying his small plane. As of the drafting of this article, there has been no NTSB preliminary accident report, but this article deals with safety issues of the Cirrus and its main competitor, the Cessna aircraft, two of the most commonly piloted small planes. Note: I am not a pilot, but this article mainly deals with safety statistics surrounding popular small aircraft.

Cirrus aircraft are equipped with proprietary technology which can employ a special parachute and Cirrus planes also have an anti--spin feature incorporated in the wing design that is marketed as a feature that can prevent the plane from going into a deadly spin potentially saving the life of those on a Cirrus plane. As a prolific U.S. inventor myself, there is no question that Cirrus should be applauded for bringing the parachute safety feature to the small aircraft market. No other small aircraft has this safety feature. However, there are very troubling statistics relating to the Cirrus aircraft crash and death rates for the just 10 years since the Cirrus have been in use.

It’s been over a decade now since Cessna resumed small airplane production in 1997 and Cirrus delivered the first SR20 composite body plane in 1999. Together by year-end 2008, both companies delivered nearly 13,000 new aircraft, accumulating over 12 million hours flown.

Cessna aircraft are one of the most popular competitors to Cirrus planes, especially since the late 1990s. Cirrus planes go faster and feature proprietary parachute and anti-spin technology, Cessna’s metal body aircraft cost less generally. If one compares the government statistics relating to safety of the Cessna versus the Cirrus since the late 1990s, the rates show that the Cirrus aircraft has been in 2.8 times more crash deaths than the Cessna, per aircraft, per hour flown, according a long analysis called “Dead Pilots Don’t Lie” by Stephen Wilson on his aircraft/piloting blog.

Wilson is a mechanic, pilot, and operates a Cessna aircraft sales business and it is no a secret that he favors the Cessna aircraft and the Cessna safety record over the Cirrus's safety record hands down-and essentially backs up his claims on his aviation blog that he has authored since at least 2002. He is an aircraft mechanic, aircraft owner, and flight instructor; a full-time aircraft professional in the single engine aircraft business for 23 years and also was an NTSB-trained Air Safety Investigator, who represented the Cessna Aircraft Company in field accident investigations. NO question he comes to the discussion with a bias, but he may have good reason to be biased. According to his analysis of NTSB records, although always equipped with an emergency parachute, Cirrus occupants were killed three times more frequently than those in Cessna planes with no parachutes to save them. The data contained in one hundred forty-one NTSB reports to date confirm what Wilson shows in tables on his website blog, and some are shown below.

A look at some of the key statistics according to Wilson from a review of the pertinent NTSB records:

Cessna (Single Engines Mfg 1997 and Newer vs. Cirrus)

The Serious Accident Tally

1997-2009	Total Serious Accidents	Fatalities
Cirrus	59	97
New-Production Cessna (Skylanes and Stationairs Only)	36	53

1997-2009	Total fleet hours	Hours Flown per Serious Accident	Hours Flown per Death
Cirrus	2,650,000	44,900	27,300
New-Production Cessna (Skylanes and Stationairs Only)	3,590,000	99,700	67,700

Wilson's charts indicate that serious accidents occurred 2.2 times more frequently in Cirrus aircraft than in Cessna’s. 2.5 times as many people were killed in Cirrus’s than in Cessna’s given the same number of hours flown-basically an apples to apples comparison.

He also took a look back from the date of accident in either aircraft in that timeframe to analyze safety statistics in a different way as follows:

Comparing Total Hours on Aircraft at the Accident Site
Consider how many hours (total aircraft time) accident aircraft accumulated from date of manufacture until the day they crashed. The NTSB recorded aircraft total time on 41 Cirrus and 72 Cessna accident investigations where there was serious injury or death in the last 10 years.

Hours on Accident Aircraft before the Serious Accident Occurred

1997-2009	Number Reports That NTSB Reported Total Time	Hours Flown	Number of Fatalities	Average Aircraft Total Time at the Accident	Number of Aircraft Hours per Fatality
Cirrus	41 reports	17,835	61	435	292
Cessna	72 reports	76,680	95	1,065	807

Cirrus serious accidents were 2.8 times more fatal than Cessna in the same number of fateful hours flown, Wilson says, based on the NTSB statistics. To see the underlying statistics, click here:

Cirrus NTSB Serious Accident Reports
Cessna (Single Engines Mfg 1997 and Newer) NTSB Serious Accident Reports

As an injury lawyer representing victims of injury, I don't have any personal bias between Cirrus and Cessna airplanes, but I have a strong interest in personal injury/wrongful death safety in the United States, whether it be in the workplace or in airplanes-and my good friend died piloting a Cirrus. It is striking that the aircraft with the most advanced safety features (parachute and anti-spin technology), has a clearly higher rate of serious accidents or death per hour flown, compared to a more standard aircraft such as the Cessna. What is causing this as it seems counter-intuitive? Could Cirrus argue that “inexperienced” pilots fly the Cirrus vs. the Cessna? Doubtful this would skew the statistics so violently.

As of March 2009, there were 18 reported deployments of a Cirrus parachutes with at least 30 survivors. BRS, the parachute manufacturer for the Cirrus, has been installing parachutes on small ultralight and experimental planes since 1983. To date, the company claims 228 “lives saved” (assuming the plane’s occupants would have suffered death in the event). A three-year-old report from BRS shows that nearly half the “lives saved” in the most recent 50 incidents were Cirrus occupants. Obviously, there is merit to the safety feature of the parachute, but something is going on with the overall control issues on the Cirrus to make the fatality statistics so skewed in favor of the Cessna aircraft record over the last ten years.

More comparison details from Wilson: in a Cirrus, the passenger must shut off power to the engine, and follow the instructions on the emergency placard to activate the parachute. A passenger in a Cessna can also shut off power by pulling a big red knob, then turning the elevator trim wheel full up to attain best glide speed. With a Cessna, there's remains an opportunity to steer the plane to avoid injury to people on the ground as much as possible. With over 20 knots greater stalling speed, greater landing distance required and other factors, the Cirrus may be less crashworthy than the Cessna, according to pilot Wilson (not covered in this analysis). All of this is food for thought if you are pilot ready to either purchase one of these aircraft, or planning to just fly one regularly. Sometimes a safety improvement must be considered with all other available safety data. In the Cirrus crash that killed my comrade, I do not know the answers yet. And, unfortunately, none of this analysis will bring my friend and pilot Mike Doran back. God bless him, his family and the Schnirel family.

Note: If you have an important safety comment or thought on these issues, please write a comment on my blog!

May 10, 2009 Update Alert: National News Desk Reporter Jane Akre, with Lisa Brown did a national followup story on the Cirrus safety debate. Click here to read "Cirrus Fatalities Have Critics Questioning Safety."

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, aviation and medical negligence cases and more.

Originally posted at InjuryBoard by Rick Shapiro

Remain Aware of Swine Flu Symptoms and Take Necessary Precautions

Jim Lewis — Sat, 16 May 2009 12:35:00 GMT

The hysteria surrounding the H1N1 virus, commonly referred to as Swine Flu, has somewhat dissipated, but that does not mean the threat is gone. CNN reported on five new cases of the H1N1 virus in New York City schools on May 14, 2009 prompting Mayor Michael Bloomberg to close the schools.

As the proud father of two daughters, it’s heart breaking to hear about a child being stricken with an illness. The decision for Mayor Bloomberg to close down the schools in New York was prudent considering the potential for further spread of the virus. Also, speaking as an injury lawyer, it’s best to contain a potential volatile situation involving people’s health.

The threat of swine flu isn’t relegated to New York. WAVY.com reported three cases of Swine Flu in Hampton Roads. One of the cases involved a child in Norfolk, Virginia (VA). This brings the total number of Swine Flu cases in the state of Virginia (VA) up to 19.

In response to the concern over Swine Flu, the city of Virginia Beach created a special web page with general information regarding the outbreak of the virus and its existence in Virginia.

This isn’t the first time I’ve written about Swine Flu. Earlier this month I wrote about nine cases of Swine Flu in North Carolina (NC).

Here is some general information about Swine Flu that you need to know, including symptoms, according to The Centers for Disease Control and Prevention:

Swine flu symptoms in humans are similar to the symptoms of regular human seasonal influenza.

These symptoms include fever, lethargy, lack of appetite and coughing.

Other potential symptoms include runny nose, sore throat, nausea, vomiting and diarrhea.

Here’s what you can do to avoid catching Swine Flu, according to the CDC:

Cover your nose and mouth with a tissue when coughing or sneezing

Wash your hands regularly

If you feel ill, do not go into work or school and consult your doctor.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Jim Lewis

Michael Jackson's Doctors- Potential Liability For Prescribing Controlled Substances/Drugs-Analysis of California State Board of Medicine Regulations

Rick Shapiro — Thu, 02 Jul 2009 22:05:50 GMT

Michael Jackson's name is all over the headlines as the public is not only mourning the great, late singer/performer, but is virtually obsessed with the cause of his sudden death. One of the things police are clearly investigating is whether there was any wrongdoing by one of his personal California physicians. Now, rumors are circulating of Jackson using an alias to secure medications, and if any doctor facilitated such prescription, this could be a criminal law violation. Since Michael Jackson was in California, the issue of whether controlled substances or non-controlled medications were improperly or illegally administered by a doctor would be governed by the Medical Board of California as well as California State criminal law.

One of the Business and Professions Code sections in California states that

"No physician and surgeon shall be subject to disciplinary action by the Board for prescribing or administering controlled substances in the course of treatment of a person for intractable pain."

(Business and Professions Code Sec. 2241.5(c). Clearly, the State Board of Medicine allows a physician, such as Michael Jackson's physician, to administer controlled substances if the late singer suffered from intractable pain, but based on many first person reports of his last several weeks, it is dubious whether he suffered intractable pain. Diprivan is a medication/drug supposedly provided to Jackson and there are allegations that he may have been injected with this potent drug the day he died. Actually, no one knows what the toxicology results will show of Jackson's autopsy-everything right now is hearsay. [Update: I have been advised that this drug may not be a controlled substance, but more on that is discussed in a related article-see below].

Based on a position paper of the Medical Board of California in effect in 1994 and revised in 2007, it would be difficult to charge a physician for a violation of the Code of California based on prescribing a controlled substance for pain (autopsy results are pending) based on this provision also:

"A physician and surgeon may prescribe for, or dispense or administer to, a person under his or her treatment for a medical condition dangerous drugs or prescription controlled substances for the treatment of pain or a condition causing pain, including, but not limited to, intractable pain. (b) No physician and surgeon shall be subject to disciplinary action for prescribing, dispensing or administering dangerous drugs or prescription controlled substances in accordance with this section." Another portion of the State Board pain guidelines states that the above section "does not affect the power of the Board to discipline a physician and surgeon for any act that violates the law, including gross negligence, repeated negligent acts, or incompetence … prescribing on the internet; failure to keep complete and accurate records of purchases and disposals of controlled substances; writing false or fictitious prescriptions for controlled substances, or prescribing, administering or dispensing in violation of the pertinent sections of the Health and Safety Code.

My take is that an accidental overdose of a prescription medication in California (not commenting on North Carolina or Virginia) would not likely be a violation of the State Medical regulations/code, and especially given the position statements of the State Board of Medicine, it would take much more than an accidental overdose to charge one of Jackson's doctors with a state board regulation violation.

However, the issue of other possible criminal law violations, and medical malpractice causing a wrongful death, are wholly different issues. A doctor may be civilly liable for medical negligence, if this caused Jackson's sudden death. A doctor providing or injecting a drug that is not properly prescribed for the conditions Jackson suffered may have all kinds of liability. Also, rumors are circulating about Jackson using aliases to obtain drugs, but these rumors have not been attributed to any named source. Any doctor who knowingly facilitated that type of a scheme has potential criminal liability.

13 month-old girl bitten by Pit Bull in Virginia Beach, Virginia

Emily Mapp Brannon — Mon, 04 May 2009 02:52:00 GMT

Friday evening, May 1, 2009 a 13 month-old girl was bitten on the head by a pit bull mix dog. News channel 13 reported that Virginia Beach, VA EMS transported the little girl to the local hospital via the Nightingale. According to police the girls injuries were not life threatening. Animal Control was called and is investigating the incident. The pit bull mix was the family’s pet.

Many dog bites happen with a family pet, it just so happens that this particular pet was a pit bull mix. Lately there has been much attention drawn in the Eastern Virginia and North Carolina area because of the pit bull attack and death to an Outer Banks, NC family's golden retriever. This was popular news because it fueled many comments from both supporters and those who feel a ban on pit bulls is necessary.

The incident on the Outer Banks happened in Kitty Hawk and many residents have prompted the local government to ban pit bull breeds. On the other hand, pit bull owners and advocates across the Outer Banks are speaking out on behalf of the breed stating that the fears against the dogs are unfounded.

No matter which side you choose to take concerning pit bulls there are precautionary measures that a family can take with any type of dog to insure safety for your children. The Animal Planet website has some great tips on keeping your children safe around dogs. Some of their tips are to always keep an eye on your dog when it is around your children. Adequate supervision is the parent’s responsibility. Never allow your child to tease your dog or bother it while the dog is sleeping or eating. Any dog should never be viewed as a toy but as an animal which may be unpredictable.

Originally posted at InjuryBoard by Emily Mapp Brannon

Virginia Beach (VA) police chase ends with driver's death

Emily Mapp Brannon — Sat, 10 Oct 2009 22:30:55 GMT

Another high-speed police chase in the Hampton Roads of Virginia (VA) has ended tragically – with the death Saturday of Reginald M. Butler of Virginia Beach.

Saturday’s chase was one of a number of recent chases. In September, my colleague Jim Lewis wrote about a lengthy chase that went from Virginia Beach to Norfolk and back to the Beach.

And in July, my colleague Randy Appleton wrote about a high-speed chase that started in Chesapeake and ended in Newport News.

The chase started when Virginia Beach police tried to pull Butler over near the intersection of Lynnhaven Parkway and Princess Anne Road shortly before 2 a.m., WAVY-TV reported.

A police officer wanted to stop Butler for speeding, WVEC-TV reported, but Butler would not pull over.

Instead, authorities said, Butler led police on a three-mile chase at speeds as high as 100 miles an hour.

Butler led police west on Lynnhaven – passing within a block of his own home in the process – but lost control of his car shortly after he crossed Indian River Road and went off the road to the right, The Virginian-Pilot reported.

Butler overcorrected, went off the road to the left, rolled over and crashed into the home at 1701 Chilhowie Circle, on the corner of Chilhowie and Lynnhaven.

Butler was thrown from his car and was pronounced dead at the scene. He lived in the 1600 block of Handcross Way, The Pilot reported.

While I support police efforts to keep the roads safe, I hope officers use common sense when engaging in these high-speed chases.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Mother, toddler die in Virginia Beach (VA) crash

Jim Lewis — Wed, 21 Oct 2009 16:24:42 GMT

Tanya Woodruff Mise and her 3-year-old daughter Lauren Makenzie Mise both died Tuesday night after another driver allegedly ran a red light in a tragic crash Tuesday evening on Dam Neck Road in Virginia Beach.

Criminal charges against the other driver – who has not been identified – are pending, Virginia Beach police said.

Witnesses told WAVY-TV that the Mise family 2003 GMC Yukon sport-utility vehicle was struck by a car that ran a red light at the intersection of Corporate Landing Parkway and Dam Neck Road in Virginia Beach. The accident happened about a mile south of Oceana Naval Air Station.

The Mise family is from Emporia, according to The Virginian-Pilot. The Yukon was being driven by Mise’s husband, 38.

Neither Mr. Mise nor a 2-year-old son were hurt, WVEC-TV reported.

“Physically, they’re both OK,” a Virginia Beach police spokesman told WVEC, adding the he “talked to both of them on the scene, obviously an emotional train wreck understanding the circumstances but physically they’re both going to be OK.”

The crash happened at about 8:30 p.m., The Pilot said. The Mises were headed east on Dam Neck when the driver of a Scion on Corporate Landing ran a red light, The Pilot reported.

Lauren Mise died at the scene, where she was waiting for an air ambulance, according to The Pilot. Her mother died after she was taken by ground ambulance to Sentara Virginia Beach General Hospital.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Attorney Client & Patient Privacy Rights Surviving Death--Did Michael Jackson's Former Nurse or Doctor Ignore Confidentiality and Privacy Rights Under HIPAA?

Rick Shapiro — Sat, 04 Jul 2009 09:04:20 GMT

Did Michael Jackson's former nurse or doctor seek personal publicity and blatantly ignore privacy rights in violation of HIPAA? On a related note, does the attorney client privilege survive the client's death?

By Rick Shapiro, Attorney/Co-Editor of Va. Beach, Norfolk, NE NC Injuryboard Blogs

HIPAA Governs Patient Privacy As To Medical Providers-

HIPAA is the main federal law protecting patient privacy and confidentiality, which stands for the Health Insurance Portability and Accountability Act, and it protects confidential patient information. Yes, it has been an administrative headache for medical providers, but has an important overall purpose of protecting this information from the encroaching "Big Brother" syndrome of your patient information getting into the hands of employer's or prying eyes of those with no rights to this information. The Act might just protect you from your doctor or nurse volunteering to speak out on a national news program like CNN and announcing to the world that you abused drugs, or may stop your provider from saying something to harm your reputation in print! Whether nutritionist Cherilyn Lee did or did not breach confidentiality would be up to the board governing her profession, presumably in California and believe me, lots of folks have emailed the California Board of Registered Nursing (BRN) asking this question.

As to the privacy rights of patients surviving death under HIPAA the World Privacy Forum is a nonprofit, non-partisan, 501(c)(3), public interest research group and its website includes the following on this point:

Do Privacy Rights Survive Death?

Yes. Under HIPAA, a patient's privacy rights survive death and last forever. We are not sure how much sense that makes, but that is what the rule provides. A deceased patient's legally authorized executor or administrator, or a person who is otherwise legally authorized to act on the behalf of the deceased patient or patient's estate, can exercise the privacy rights of a patient.

Attorney Client Privilege Survives Death-

The attorney-client privilege would not simply evaporate when your client expired/died, and respecting a public figure like Michael Jackson any disclosures clearly could have a possible adverse interest on the client's estate.

As a matter of fact the US Supreme Court ruled in 1998 that the attorney client privilege survives death in Swidler & Berlin v. United States, 118 S. Ct. 2081 (1998).

There, the United States Supreme Court held that there is no posthumous exception to the attorney-client privilege for communications with substantial impact on criminal proceedings.
The Supreme Court stated that preservation of the privilege after death would be consistent with a clients' best interests. Survival of the privilege would encourage the kind of open and frank communication between clients and their lawyer which the privilege was intended to achieve. The court did touch on reputation, civil liability, and potential harm to friends and family, as other reasons supporting the attorney client privilege "surviving" death of the client.

Related National Injuryboard News By Jane Akre:

Exclusive - Jackson & Diprivan - FDA Issued Alert Two Years Ago

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

RNS

Originally posted at InjuryBoard by Rick Shapiro

GM and Chrysler Bankruptcies Means Car Accident Victims in The Lurch

Jim Lewis — Fri, 03 Jul 2009 14:21:00 GMT

With GM and Chrysler restructuring in bankruptcy after filing for Chapter 11, both motor companies have been freed from legal obligation for current and pending lawsuits.

This has left numerous victims, who’ve been severely injured due to mechanical errors or structural vehicle failures, in the lurch without much recourse for financial compensation.

Roughly 14,548 claims were filed against GM and Chrysler in the past five years alleging injury or death, according to Safety Research & Strategies.

"These claims are going to be wiped out," said Sean Kane, president of SRS.

A perfect example is back in 2007, 10-year-old Amanda Dinnigan was riding in a GMC vehicle when the car hit a tree, according to newsday.com. As a result of the accident, Amanda was left a quadriplegic and her family sued GM alleging the vehicle's seat belts were defective. The chances of Amanda collecting any financial compensation to cover treatment and/or recuperation are slim and none.

Unfortunately, Amanda’s story will become all too common in the months and years to come. The average combined casualties per year for both GM and Chrysler is 3,415. These claims are expected to continue at the same pace while the companies are reconfiguring in bankruptcy. This will result in roughly 3,400 new casualties each year in the next few years, according to SRS.

As an injury lawyer with 20 years of experience representing clients who’ve been severely injured in car accidents , I think it’s outrageous GM and Chrysler are essentially getting a free pass from their legal obligation to these victims by the bankruptcy courts.

Originally posted at InjuryBoard by Jim Lewis

New GPS-Based Software May Be One Solution to Texting & Driving Epidemic

Rick Shapiro — Tue, 13 Oct 2009 05:09:00 GMT

The controversy surrounding texting while driving is not only a local Virginia (VA) and Carolina (NC/SC) issue but has received national attention as Transportation Secretary Ray LaHood described texting while driving as an epidemic.

A summit was held to address the issue of distracted driving and virtually everyone in attendance was trying to figure out a way to prevent texting while you’re behind the wheel of a car. Well, Michael Adler of a company called Websafety may have developed one high tech solution: software which will disable texting capabilities on a cell phone when driving over 10 m.p.h. by accessing GPS technology and calculating vehicle speed. This texting disabling technology sounded intriguing so I interviewed a Websafety representative to learn more about this high tech method using GPS technology to disable texting.

Q. Tell me about your company, how long has it existed and did your company invent this technology?

A. Websafety has been developing the Websafety Software for the past three years. The product has been available formally for less than 30 days. Yes, Michael Adler, the founder of Websafety, out of Dallas, Texas developed the software.

Q. How does a user implement your product?

A. Once the user buys a year subscription, the user downloads the software through the Websafety website-back office.

Q. Are you selling this to individual users or to cell phone companies, or both?

A. Both - our mission is to stop the use of cell phones in moving vehicles through all different means-as quickly as possible to reduce the amount of deaths caused by text messaging while driving.

Q. Can you tell me about any companies or areas using your products and how it is working?

A. So far we are having great success because Websafety is committed to successful downloading and fulfillment of the software.

Q. What does it cost per user?

A. Depending on the amount of computers and cell phones a family wants protected, anywhere from $149 to $499 per year.

Q. Where can someone learn more about Websafety?

A. www.mywebsafety.com/kidsafe

Hopefully, as awareness surrounding distracted driving continues to grow, technology addressing such issues like texting while driving will be made widely available and we can take a step forward in improving driver safety across the nation. Until then, be sure to read more on Websafety and check out our law firm’s special report on distracted driving. It seems to me that large cell phone companies should enable a monthly fee service to disable texting while a vehicle is moving even at 5 mph! What careful parent would not pay a small fee to assure that their teenager using a cell phone on their account must act responsibly?

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service. PA

Originally posted at InjuryBoard by Rick Shapiro

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care)

Rick Shapiro — Wed, 16 Sep 2009 09:38:18 GMT

A number of my Injuryboard injury attorney colleagues are writing a series of articles from the perspective of the injured and sometimes bewildered car accident victim perspective. Instead of writing yet another injury lawyer article about why the particular lawyer is the greatest, best, injury lawyer of all time, we wanted to get down to the nuts and bolts and address common questions that our car injury clients have based on many years of representing car accident personal injury clients.

These Injuryboard injury attorneys are contributing to this car accident client questions series:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?

Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics

Steve Lombardi , September 15, 2009 8:48 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

Lombardi (article above about cavemen) does a fantastic job of discussing that “Geico caveman” Warren Buffett invested his millions in Geico to make good profits, not to pay more money to car accident victims like you or your neighbor. If I ever do get smashed on the highway (I haven't ever yet) I will hope its poor Warren Buffett of Geico fame.

Most consumers have no idea that around 20 years ago the insurers like Geico paid handsomely to hire a former CIA chief to figure out how to use the mainstream media to brainwash the consumer in the US to voluntarily give up their civil justice rights (yes, the insurance co lobbying groups hired a retired CIA chief to dream up planting false outrageous "frivolous lawsuit" stories in the press and on the internet. (To read more: Mind Control Without Drugs: How Insurers and Major Corporations Duped U.S. Consumers Into Abandoning State Safety Laws That Protected Them , Mind Control Without Drugs: How Complete Corporate Immunity/Preemption Snuffs Out State Laws) For years they bashed lawyers and convinced Joe Sixpack to give more millions/billions to insurers and to gladly and gleefully give up tort and civil justice rights so those bad, bad consumers would not “game” the tort system. Lo and behold, that cap or ceiling on suits was to stop Ms. McDonalds case lady from getting too much! Guess what, it then snuffs out your neighbor and grandma too! Then, it mainly increases Buffett’s profits and consumers lose.

Anyway, back to basic issues that car accident victim needs to know, and specifically "what makes the case good or bad?" Another point Lombardi makes that I agree with, has to do with giving a recorded statement-we all agree never give a recorded statement to the insurance adjuster representing the responsible driver. Lombardi also says you usually should not give it to your own car insurance company which is the more controversial part. You do have a duty to cooperate with your own insurance company and will likely have to provide information but there is no legal requirement that you give your own insurance company a recorded statement. Lombardi's point is that under some states laws or if the case proceeds to litigation, your insurance company may be required to turn over that recorded statement to the responsible driver's insurance attorney. I had not contemplated that before and he makes a good point. The other problem is sometimes your own insurance company must provide uninsured or underinsured motorist coverage to the responsible driver and at that point they are just like the adverse insurance company. Onward to new business...

I. AT THE SCENE OF THE CAR ACCIDENT--KEY POINTS

Pictures and phone numbers

You or your passengers are likely going to have a cell phone with a digital camera built-in. Somebody, whoever is not seriously injured, needs to take pictures of the damage to the car that caused the wreck, and some pictures of your car. Disappearing witnesses are a huge problem in car accident injury cases. Police officers do a good job of responding to the crash, but if they know that the at fault driver has given a statement they are generally not concerned about locating other witnesses that may support the magnitude of the car crash or the issues of who was at fault. If you are able to get around, try to get a phone number of any witness who is milling about the scene. Once they get in that car and leave, you are likely never going to find their phone number. If you have no access to a pen simply call your own cell phone and leave yourself a voice message with their phone number or license plate number or both.

No citation or ticket issued

Some consumers who are hurt or injured think they do not have the case if the police officer does not issue a ticket. Wrong! There is no requirement that a ticket or citation be issued in any car accident personal injury case. Under the civil justice system, the injured person typically just needs to prove by the greater weight of the evidence that the other party was the cause of the accident and injuries.

Even more significantly, most states do not even allow into evidence in a personal injury case whether the police officer issued a ticket or citation to the responsible driver that caused the crash! In Virginia and some states, the only exception to introducing evidence of a traffic/criminal ticket issued to the responsible driver is if that driver actually pleads guilty or mails in the ticket accepting responsibility-then that evidence is admissible.

Sometimes a police officer just doesn't feel comfortable saying which driver is at fault, but once we interview a client and investigate the crash we often become highly convinced that our client is free of fault and have accepted many cases over many years where no ticket was issued.

Minor car damage means no injuries?

Imagine there are two different car drivers driving the same make/model car that received virtually the same exact car bumper damage in a rear end collision, in two different cities at two different times-and both are rear ended by the same exact make/model SUV going the same speed. One driver is on the East Coast and one is on the West Coast. Could the East Coast driver be permanently injured and the West Coast driver receive no personal injuries? Of course. Imagine that the East Coast 58-year-old driver has had two prior neck surgeries, and is still in physical therapy months after the second neck surgery. However, the West Coast driver is a 19-year-old who has never had a prior neck problem. The 19-year-old from the West Coast might get out of the car , have no injury noticeable at the scene, in the days after or ever. The 58-year-old East Coast driver feels an immediate onset of neck pain, leaves the scene with the rescue squad to receive emergency care, and then begins a more aggressive merry-go-round of medical visits, further physical therapy and possibly a third neck surgery, likely due to the existence of the pre-existing neck condition.

The legal phrase is that this person is an "egg shell skull" victim, meaning that that person might not have had a skull or body part in a regular condition but instead as delicate as a skull made of an egg shell! Under nearly all situations, the law says that a responsible driver takes the injured victim as they are even if the responsible driver has no awareness that the person in the car that they smash has an egg shell skull, or some significant pre-existing conditions that make them more susceptible to personal injuries. Doctors know that someone who had a previous surgery on a body part develops scar tissue and is more susceptible to re-injury.

The point here is that minor car property damage may indicate something significant or it may not, especially if the person who was rear-ended has some special physical condition or medical condition that makes them more susceptible to injury. The bottom line is this: the insurance companies love to deny claims or pay pennies on the dollar on minor damage car accident cases as an excuse not to pay what can be a significant and valid injury claim backed up by several medical doctors opinions. Consumers that suffer new personal injuries but have a pre-existing condition are smart to hire an experienced personal injury attorney. Insurance adjusters love to deny any compensation to a consumer for an obvious permanent injury, because permanent injuries are not tied directly to an economic loss formula, plus our clients often do not know what type of medical opinion to get from their treating doctor in order to outline the permanent nature of their injuries.

II. MINDING YOUR MEDICAL CARE--DO'S AND DON'TS

Stay-At-Home Resting Your Bones v. Qualified Medical Care

Client 1 comes to our law firm several weeks after their car accident injury and explains that besides one visit to the emergency room they rehabilitated by staying at home for two weeks to mend their body. Client 2 goes to the emergency room, is told to follow up with their family doctor, does so, and the family doctor refers that victim to an appropriate specialist and for other physical therapy. All other things being equal client 2 will be paid a more significant sum for their personal injuries than the client who rested their bones for two weeks at home. Insurance adjusters are simply trained to look for qualified medical care and documentation, as well as the expenses associated with it. Client 1 will receive inadequate compensation if injured the same as client 2, because there is no qualified documentation of the significance of the injuries following the emergency room visit, especially assuming that no doctor issued a note saying that client number 1 should remain off of work for the two-week period also. Documentation, evidence, expenses always trump the injured clients "word" that they were hurt and could not get up off the couch.

Arguments with medical doctors/providers

We hate to see this as personal injury lawyers because doctors, physical therapists, and all medical providers are trained to record any notes that relate to your medical care. "I told Dr. Smith he did not know what he was doing" and I switched doctors, a client might tell us before we could explain that every word of this was not only recorded in the office notes, but may be recorded in a way that is stilted against you as the injured patient. No, you don't tell your medical provider that they simply don't get it because it will come back to haunt you-even if you think that you right. Instead, you properly see another provider if you must, but as lawyers we can counsel our client about switching horses (medical doctors/providers) too often or for no good reason.

Irrelevant verbal statements/disclosures to medical doctors/providers

When you go to a physical therapist, stay on topic, that is just talk about your care or how you were doing. Do not cozy up to the therapist and confide with them about your brother who is the sex offender that was just released from the state penitentiary, or about anything that could somehow be used against you by an insurance lawyer months later.

We do explain to every injury client that if the case gets into court, the insurance lawyer's basic strategy is to subpoena every medical record after the date of the accident but even going back for a number of years before the accident to study whether you had any condition that they can argue makes your claim less valuable. Some clients think they can hide a damaging medical record or opinion, but finding all relevant medical records is fairly easy for an insurance lawyer by simply going to a health insurance provider and getting a list of all expenses paid by that provider for example, but also they simply look for cross-references between records.

Irrelevant written statements to medical doctors/providers

Yes, I had to do a second topic here different than the verbal topic above, because we have seen it all. We have had the client fax a hand written long note to the doctor explaining that the doctor did not understand how the pain of this client was significant, or why the doctor got it wrong in sending the client back to work when they were still hurt, and blah blah blah. Guess what? Once the doctor/medical provider puts that written fax or letter in your patient chart, it will find its way to the insurance defense attorney months later if the case goes to court. We have even had the injured person's wife or husband hand right the nasty note that finds its way into the file. What makes your case good or bad? Not doing faxes or hand written notes to your medical provider telling them how they don't understand your medical condition!

Big gaps (long periods) in having medical care

This situation is if you are treating with doctors on a regular basis for several weeks or months, and then stop going to any of those medical providers for three months, and start back up. Lawyers and insurance adjusters called this a gap in treatment. Is there a good reason? When there is a good reason we as injury lawyers can deal with this and it's not a case killer, but an unusual lack of medical care and then a resumption of the care needs to have a rational reason or the insurance adjuster will try to claim that none of the care after the long gap is really related to the car accident injury. The insurance adjusters try to scour the medical records and other records to try to claim that some part of the medical care has nothing to do with the car accident case even without a major gap in care.

Disclaimer: this article is not specific legal advice but is a general legal guide. This is never a substitute for specific legal advice about what to do if you were in a car accident and received personal injuries. Seek out a qualified legal opinion if you have any questions about your own particular circumstances.

Originally posted at InjuryBoard by Rick Shapiro