Tuesday, October 13, 2015

TEEN DRIVERS: Are They Really More Dangerous?
The leading cause of death of 16-18 year olds is not so-called “assault weapons,” vaccinations, alleged climate change, video games, GMO food or all the other crises the news reports on every night.

It is automobile crashes. As an injury lawyer, it is a sad reality I live with each day.
Beginning teen drivers are, in fact, much more dangerous on the road than other drivers.  How much more? Those beginning drivers, aged 16-19, have the single highest crash risk per mile driven of any age group! Night driving for teens ramps up the rate by a factor of four! That is why their insurance is so alarmingly high.

Here are the factors that seem to contribute:

• Speeding: It is no secret that teens have more risky behavior. The results bear this out, with about a third of accidents having excessive speed as a factor.
• Seat Belts: The vast majority of teens killed did not bother to wear their seat belt. Why? It’s the law. It’s smart. But, many feel immortal as teens.
• Distractions: Texting and driving is epidemic. Passengers do not just add weight to the vehicle, they also add distractions: Phones, video, laughter, horseplay, joking, screaming, hanging out windows the like can contribute to those group fatality accidents that scare us parents.
• Driver Error: More than half of all fatal teen accidents are simply caused by bad or delayed decisions by the inexperienced driver.
So, are teens just bad drivers? Not really. According to the Insurance Institute for Highway Safety, teens driving with parents in the car have a very low crash rate.

These factors and findings are part of the reason why graduated drivers licensing has been adopted in Tennessee. They deal with timing and passengers and allow more time for training. There are three phases:
1. Learner permit: Anyone under the age of 18 who has a learner permit will be prohibited from driving between the hours of 10 p.m. and 6 a.m. When driving, permit holders must have a licensed driver age 21 or older in the vehicle with them.
2. Intermediate Restricted License. Family and one passenger, with time restrictions.
3. Full Drivers License.

What do you think about these laws? Are you as surprised as I am that we even survived our teen driving years? Restrict, teach, train, love and pray. Drive safely.

Mr. Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.


Saturday, October 10, 2015

DRIVING DROWSY

DROWSY DRIVING

Accidents that are caused by drowsy driving are quite similar in evidence to those caused by drunken driving:

-No skid marks or evidence of braking;

-No evidence of evasion or swerving;
This is sometimes also what we find in texting and driving crashes as well.  Why do we have more drowsy driving car accidents?

-More people are sleep-deprived these days.  With the unusual work schedules now common at places like FedEx, the airlines, fire departments, and others, there are more people working at night than there once were.  Workers who have shifts at night have to fight the natural urge to stay awake during the day and sleep at dark. It takes time to get that reversed, so shift variations actually tend to hurt rather than help.

-School demands study time that usually winds up being at night. Many of us pulled all-nighters while in college or graduate school, only to find out that our performance actually suffered. Still, students like me who often worked and went to school were sleep-deprived for long periods.

-The faltering economy continues to create less jobs and more people have to work two jobs just to get by.  As a result, irregular work hours can create a tiredness that is hard to fight while driving.

-Commutes continue to lengthen. We have come a long way from the European standard of the shopkeeper working downstairs and living upstairs in one building. Currently, work is often a 30-45 minute drive away from home. That is plenty of time to get drowsy.

-Car comforts continue to expand. When I drive my old 1977 Ford pick up truck, it is a loud, windy and vibration-filled experience, even at modest speeds. In my modern vehicles, however, even at interstate speeds, vehicles are warm, smooth and comfortable. This tends to call on the Sandman much swifter than our old beaters would ever allow.
But, technology in some of the newest cars is trying to rescue us from ourselves. For now, it is luxury manufacturers like BMW and Mercedes-Benz that offer ways to wake you if your head bobs downward or you leave a traffic lane. Lane departure warnings are even now present in the Suburban models.

Driving drowsy is every bit as dangerous as driving drunk. Don't take the risk.

Mr. Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.

"Thank you for your Service Veterans"

"Thank You for Your Service”

One day at a Grizzlies play off game I noticed how few people even put their phone down during the National Anthem. Many did not place their hand over their heart, take off their hats, or look at the flag. I guess I had not noticed it before, but I was disturbed. As an Eagle Scout, we were taught respect for the flag and those who fought underneath it. Holidays meant to remember and honor our vets like Memorial Day Weekend have become, for most of us, just a three-day weekend to barbecue and vacation.

It was supposed to be more. Here are some discussion points that you can bring up with family and friends to address how best to honor our veterans:

Memorial Day is the holiday in which we pay tribute to those who lost their lives in combat.

Veterans Day pays tribute to all veterans, living or dead. In the United States, Veterans Day is celebrated on November 11 every year, the same day that World War I hostilities formally ended (at the 11th hour of the 11th day of the 11th month).

Today’s military consists of an all-volunteer force. The U.S. military draft ended over 40 years ago in 1973.

26 of our Presidents came to office as Veterans, including William Henry Harrison, Ulysses S. Grant, Harry Truman, Dwight Eisenhower, and most recently, George W. Bush.

There are currently over 2 million female veterans in the United States.

More United States troops have died from suicide than have been killed in Afghanistan since 2001.

From 2002 to December 2012, 253,330 service members were diagnosed with a Traumatic Brain Injury (TBI) of some kind.

As a result of battle injuries in the Iraq War, at least 991 service members received wounds that required amputations; 797 lost major limbs, such as a leg.

In Afghanistan, at one point, 724 service members have had to undergo amputations, with 696 losing a major limb.

The unemployment rate for Iraq and Afghanistan veterans is reported as high as 10% — much higher than the national rate.

A military veteran somewhere in the U.S. attempts suicide at least every half hour, and one commits suicide every 65 minutes. 22 military veterans commit suicide every day. 31% of these suicides were veterans aged 49 and younger.

Veterans make up 12% of the adult homeless population. 70% of those homeless veterans suffer from substance abuse, while 50% experience mental health issues such as post-traumatic stress disorder (PTSD), which makes it harder to maintain relationships and hold down a job.

After watching the movie American Sniper, I felt again challenged to thank the Sheep dogs who protect the sheep from the wolves that seek to kill and destroy. We need them on that wall, and when some return (for not all will), we must respect, honor and help. Thank you Veterans. Thank you for your service. Thank you to the many families who did without them so they could stand for us. We are forever in your debt.

"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.”
~ George Orwell


Mr. Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.

DRUNK DRIVERS INJURE

Drunk Driving

I once had a comment on my blog from an active member of Mothers against drunk driving. MADD

She scolded me a bit for using the word accident to describe a crash involving a drunk driver that hit and injured my client. She went on to say that when someone drinks and then chooses to drive that everything that happens after that is intentional not an "accident."

I certainly sympathize with that point. My mother was almost killed by a drunk driver when I was just a child. In addition to the recklessness of driving drunk he also was cowardly and uncaring in that he and his buddies left my mother lying unconscious on the pavement and ran for their lives.

I also know that drunk driving tends to be a repeat offense type problem and thus how we characterize the offender has a lot to do with how I might feel about it.

Not to defend anybody but I think it feels different if we are talking about a person who is a well-educated person at a dinner party who has three or four glasses of wine over the course of an evening and hits a car at night with no brake lights on.

However, if I tell you that a man was driving recklessly through a school zone and hits children drunk at 2:30 on a Thursday afternoon and this was his fourth offense DUI it changes things.

Both are wrong. It is never okay to drink and then drive. And it makes sense. If you're in an airplane you don't want your pilot to have been drinking at all. Well, we are all on the road and we don't want anyone around us to have been drinking at all either. Cars kill more than planes ever will.

Unfortunately, many of my clients are hurt by drunk drivers. The drunk drivers tend to be very loose and most never are injured.  I also realize now that there is even a group called FADD or fathers against drunk driving.

The statistics on these issues are shocking:
Alcohol related crashes are the leading cause of death for young Americans, between the ages of 16 and 24 years old. For all Americans between 5 and 35 years of age, motor vehicle accidents are the number one cause of death. Alcohol-impaired drivers cause over 50% of these accidents.
Over 50% of all fatal highway crashes involving two or more cars are alcohol related. 
 Over 65% of all fatal single car crashes are alcohol related. 
Over 36% percent of all adult pedestrian accidents are alcohol related. 
80% of all fatal alcohol related auto crashes occur between 8 pm and 8 am. 
36% of all adult pedestrian accidents involve an intoxicated pedestrian. 

Every year, 708,000 persons are injured in alcohol related crashes; 74, 000 of those people suffer serious injuries. 

About 2,000 people are hurt each day in alcohol related accidents. Two million alcohol impaired driving collisions occur each year.
So when were watching the games, and we see you guys all clinging bottles of beer together and say "it doesn't get any better than this".  Just remember, the beer commercials never show those guys driving home. For that matter, alcohol commercials never show the winos in the gutter, the abused wives and children, the suicides, the fights, the vomit-coated jail cells, the liver transplant list, and the broken-hearted children who carry the scars of being raised an alcoholic home to future generations.
So for the safety of all of us on the road, if you must drink, get someone else to drive or stay home.

Mr. Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.



Friday, October 9, 2015

SUE-HAPPY

Not A Sue-Happy Person?

Lately I have been hearing this term more often, “sue-happy.”  As an injury lawyer, I am often contacted by potential clients that are very concerned about making any claims, because they don’t want to appear to be that type of person. I fully understand that.
Here is the funny thing…if you are worried about appearing as that “type” of person, you probably are not that type of person.  The folks that are looking for a lawsuit on every corner could not care less what is thought of them. 
Sue-happy people bring frivolous lawsuits. Examples of this include a man who sued a dry cleaners for millions when they lost a pair of pants. Ridiculous. I wish I had been able to be the judge at that moment. He would have never forgotten it.
It is cases like that bring disrepute on lawyers, the justice system and victims with legitimate, compensable injuries. 
Seldom do we hear about the cases that are settled. This is sometimes because we have to sign confidentiality clauses that prevent their discussion. Often, it is because they are quietly settled, without a suit even being filed.
Other traits bring disrepute on the legal system too. Obnoxious television ads by lawyers are constant. Unethical medical or chiropractor clinics calling injured people the day after a wreck.
The other day, a client came in having nine calls or messages on her phone after a wreck!
A real case, that is not frivolous, demands justice. Often times, this can be settled quietly without going to court. But is trial is necessary, honest victims should not have to apologize for simple making a claim that the insurance company often undervalues.
Many cases in my office have medical bills of $50,000 – $500,000, in addition to lost wages and disability, not to mention what they have been through. These claims, by people who hire me, are not brought by sue-happy people. Many times, they feel awful having to even make a claim.
It is a good reminder that our tort law derives from the Bible, and that there are right ways to go about it.





Liability Insurance Ends Punkin Chunkin

NO PUNKIN’ CHUNKIN’
Since 1986, bored rednecks in Delaware have been tinkering with giant medieval trebuchet devices, catapults, giant slingshots, and even custom-built air cannons with enormously long barrels all to launch pumpkins staggering distances. 
The basic idea of this concept is to launch a pumpkin as high and far as possible. Then, trusted folks on ATVs ride out to measure the distance. Crowds often hit 20,000 in number. These events continued to grow in both the size of the crowds and the power of the machines, as the events were even featured on Myth-Busters and other programs.
But last year they cancelled the event. This year was cancelled, too. Why? The lack of a company willing to write the liability insurance policy ended the raining of pumpkins.
It seems that there was just one lawsuit regarding a serious ATV accident, and that was settled. However, liability insurance for this event had to be a stretch. As fun as “punkin chunkin’” sounds, and it seems like it would be great, insurance companies are not necessary in favor of too much “fun” if that fun will likely lead to injuries and lawsuits.
Liability insurance companies will tell you that numerous and serious claims involving death and serious injuries come from activities involving large, powerful machines, drunkenness, the presence of children and the use of motor vehicles.
Let’s analyze what they may be considering here:
·      Rednecks on ATVs in uneven fields? Check.
·      Large, powerful machines that swing counterweights that can kill? Check.
·      Giant, pressurized air cannons that can explode? Check.
·      Heavy pumpkins falling unpredictably from high in the sky? Check.
·      Is there a better than even chance that many of the yahoos involved in these admittedly fun activities are drinking or even totally drunk? Check.
It is rare for me to come down on the side of insurance companies since I feel like I sue at least one almost every week of my life, but I kind of see their point here. It is reinforced by the names and categories of record holders they list:
Adult Air Category:   American Chunker, Inc.       4694.68 ft.    
Okay, that is almost a mile! This Navy-sized pressured-air-gun shot a pumpkin almost a mile! But, notice that is only one category. In the “Adult Catapult” competition, the “Fibonacci Unlimited II” launched its gourd some 2862.28 ft., or about half a mile. Not to be out done, the “Adult Centrifugal” entry  “Bad to the Bone” hit 3245.58 ft.
Did you notice that there were “Adult” categories? So, yes, not only are children present, they actively compete. These future engineers enter youth categories that even include a “10 and under” class. Even the names they selected sound ominous: “Jersey Devil,” “The Plague,” “Stomach Virus,” and “Colossal Thunder.” (I will the “Snot Rocket” an honorable mention, as well).
So, insurance companies, who watch that profit margin very carefully, have effectively ended the reign--and the rain—of the pumpkins.




Monday, March 2, 2015

LAWYER'S RESEARCH STUMBLES ONTO LITTLE KNOWN NAME ORGINS

WHAT’S IN A NAME?

As an injury lawyer, legal research is common. However, even many non-legal issues, like genealogy (family trees and origins), fascinate me. The origin of how many of us got our last names is quite interesting. Many American names descended to us from ancestors in the “Old World” of Europe. Even in the Bible one can see the need for them:  Saul, “of Tarsus;” Mary “Magdalene” (from Magdala); James and John, “Sons of Zebedee;” and Matthew, “The Tax Collector.”
The Norman conquest of England in 1066 brought last names into more common usage throughout Europe. There are several sources of names. See if you know someone with each type:

“TOPONYMIC:” BASED ON PLACES OR FEATURES:
A last name often derived from where a person was from, lived or where he owned land.
Ackerman (from “acre”), Atwood (“at the wood”), Banks, Beaumont (French for “beautiful hill”), Beck or Brooks (“stream”), Bolton (“house settlement”), Bridges, Bush, Camp, Douglas (“dark river”), Dunlap/Dunlop (a muddy hill), Fields, Ford (“river crossing”), Forest, Garfield (“triangle field”), Glenwood, Gordon (“spacious fort”), Greenwood, Grove, Hamilton (“crooked hill”), Hartford, Hill, Knolls, Lake, Lane, Lee (“clearing”), Milton, (“mill town”), Moore (from moor “open area”), Norton (“north town”), Perry (“where pears grow”), Ramsey (“garlic island”), Riley (“rye-clearing”), Stone, Stroud (“overgrown thicket”), Timberlake, Underhill, Whitfield and Wood.

OCCUPATIONAL:
Many last names are obviously from jobs like a Smith, but some might surprise you:
Archer, Baker, Barker (“tanner”), Bailey (“porter”), Brewer, Butcher, Carpenter or Joiner (“wood-worker”), Carter (“transport cart”), Carver, Conner (“inspector”), Cooper (“barrel maker”), Cook, Dexter or Dye (“cloth dyer”), Farmer, Faulkner or Fowler (“falconer”), Ferrari (“metal worker”), Fisher, Fletcher (“arrow maker”), Foster (“forester”), Gardener, Glover, Hunter, Judge, Knight, Leach (“doctor”- often used leaches), Mason, Miller, Page, Parker (“park keeper”), Potter, Reeves (“sheriff”), Sawyer (“wood-cutter”), Shoemaker, Smith, Stewart or Ward (“guard”), Tanner or Gerber (“tans hides”), Taylor or Snider (“tailor”), Thatcher, Tucker (“folds clothes”), Turner (“turned wooden legs with a lathe”), Tyler (“tiled floors”), Weaver or Webb (“weaver”), and Wright or Wainwright (“wagon wheel maker”).

ANCESTORS AND NICKNAMES:
Adamson, Davidson (“the son of David”), Dawson, Dickson, Evans, Fitzgerald (“Fitz” is “of”) Harris, Harrison, Henderson, Hobson, Jackson, Jones (Welsh for John), Madison, MacDonald, Marriott (“from Mary”), Nicholson, O’Malley (“O’” is “of”), Richardson, Robinson, Rogers, Simpson, Stephenson, Thompson, Watson, Williamson and Wilson. Nicknames or descriptions include: Little, Strong, Black, Young, White, Strong or Swift.

The best has to be Falwell, or Fallowell.  Yes, someone, long, long ago, “Fell in the well!”