Cell Phones Becoming Serious Driving Hazard

According to statistics, a person will die in a vehicle crash every 12 seconds in the United States. Statistics also show that vehicle crashes are the leading cause of death for Americans age 35 and younger, and 98% of reported accidents involve a single distracted driver.

Distractions include rubbernecking (watching other drivers and accidents), driver fatigue, looking at scenery, passenger- or child-related distractions, adjusting the radio, and cell phone use. In fact, a new study confirms that the reaction time of cell phone users slows dramatically, increasing the risk of accidents and tying up traffic in general.

The Cellular Telecommunications & Internet Association reports that in 1990, approximately 4.3 million people subscribed to wireless communication devices such as cell phones; in May 2007, that number was 236 million. With increased reliance on cell phones, the number of people using them while driving has naturally increased. There are predominantly two dangers associated with driving while using cell phones: drivers must take their eyes off the road to dial and people become so absorbed in their conversations that their ability to concentrate on driving is impaired.

University of Utah psychology professor David Strayer, in a study on cell phone use and auto accidents, said, "If you put a 20-year-old driver behind the wheel with a cell phone, their reaction times are the same as a 70-year-old who is not using a cell phone." Strayer's study was published in the quarterly journal Human Factors.

Each year, cell phone distraction while driving causes approximately 2,600 deaths and 330,000 injuries in the United States. Because data on cell phone use is somewhat limited, the actual numbers of deaths and injuries may be much higher. Strayer and his colleagues have found that even hands-free cell phone use distracts drivers. They explain that the drivers are looking but they're not really seeing because they are distracted by the conversation they are engaged in.

According to this study, scientists found that motorists talking on cell phones while driving are less adept than drunk drivers with blood alcohol levels beyond the legal limit of .08. The cell phone users' impaired reactions involved seconds, not just fractions of seconds, so stopping distances increased by car-lengths, not feet.

Motorists who use cell phones while driving are four times as likely to get into crashes serious enough to injure themselves, according to a study by the Insurance Institute for Highway Safety. The July 2005 study suggested that banning hand-held cell phone use wouldn't improve safety if drivers simply switch to hands-free phones and continue to talk and be distracted. The study concluded that crash and injury risk did not vary with type of cell phone used. In 2001, New York passed the first law banning hand-held cell phone use while driving prompting a national debate on the extent of the danger cell phone use while driving poses.

In May 2007, Washington state became the first state to ban the practice of text messaging while driving; the fine for DWT (driving while texting) is $101, but it is a secondary offense, meaning the driver must be pulled over for some other infraction before the DWT penalty can be imposed.

While cell phones play an integral role in our society, the convenience they offer may be coming at a very high price.

If you or a loved one has been injured or killed in a motor vehicle accident in Pennsylvania, please contact the Motor Vehicle Accident Attorneys at Pomerantz Perlberger & Lewis LLP.

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Gadolinium Side Effects

Gadolinium side effects have recently been linked to patients undergoing magnetic resonance imaging (MRI). Gadolinium for MRI is used to improve the visibility of internal organs and tissue so the radiologist can more easily detect abnormalities. A population-based study led by Dr. Aneet Deo revealed that patients with end stage renal disease (ESRD) were at an increased risk for gadolinium side effects. Nephrogenic systemic fibrosis (NSF) was found in ESRD patients after gadolinium exposure.

The study analyzed data from 467 patients on kidney dialysis due to ESRD. MRI with gadolinium was reported in 87 patients who underwent 123 radiological studies, the most common being MRI of the abdomen and pelvis. The study was the first to strongly associate gadolinium side effects like NSF with dialysis patients. The researchers documented 4.3 cases of NSF per 1000 patient-years. From these initial studies it appears that only patients with end stage renal disease (kidney disease) seem to be at risk of developing the debilitating skin disorder nephrogenic systemic fibrosis (NSF).

Nephrogenic systemic fibrosis is a systemic disorder that is potentially fatal. NSF is characterized by thickening and tightening of the skin. It was first observed in 1997 when it was referred to as nephrogenic fibrosing dermopathy (NFD). Although the exact cause of NSF is unknown, recent studies have shown a link between NSF and patients with kidney problems following gadolinium MRI exposure.

The gadolinium side effect NSF usually starts in the lower extremities although it can also develop in the diaphragm, muscles in the thigh and lower abdomen, and lungs. As patients develop skin thickening they can suffer from decreased joint mobility resulting from the inability to bend and extend joints. NSF has been reported following administration of all five of the FDA approved gadolinium contrast agents: Magnevist, MultiHance, Omniscan, OptiMARK, and ProHance.

In response to the association of NSF and gadolinium MRI the Food and Drug Administration (FDA) has issued a healthcare alert including new warnings regarding nephrogenic systemic fibrosis. The FDA's new boxed warning is for patients at risk for the gadolinium side effect NSF.

The boxed warning includes the following warnings and recommendations:
Exposure to gadolinium-based contrast agents (GBCA) increases the risk for nephrogenic systemic fibrosis (NSF) in patients with acute or chronic severe renal insufficiency, or acute renal insufficiency due to the hepato-renal syndrome or in the perioperative liver transplantation period.
NSF is a debilitating and sometimes fatal disease affecting the skin, muscle, and internal organs.
Avoid use of gadolinium unless the diagnostic information is essential and regular MRI studies are not available.
All patients should be screened for renal dysfunction (kidney problems) by obtaining a history and if necessary laboratory test.
When administering a gadolinium contrast agent, do not exceed the recommended dose outlined in the product labeling. Prior to any re-administration of gadolinium there needs to be sufficient time for elimination of the gadolinium.

The FDA is currently considering other risk management options in response to the discovery of gadolinium side effects in patients after undergoing MRI studies. Patients are strongly urged to contact their doctor immediately after receiving a gadolinium MRI if they have any of the following symptoms that may indicate the development of NSF:

Skin and eyes
Swelling, hardening and tightening of your skin
Reddened or darkened patches on the skin
Burning or itching of your skin
Yellow raised spots on the whites of your eyes

Bones and muscles
Stiffness in your joints; problems moving or straightening arms, hands, legs, or feet
Pain deep in your hip bones or ribs
Muscles weakness

The reported time between a patient undergoing an MRI with gadolinium and diagnosis of NSF varies widely among patients. It can range from days to several months. Patients suffering from NSF can die from complications related to the disease.

Steve Fields
To learn more about Gadolinium side effects please visit our website. Our team of gadolinium attorneys represents clients in Minnesota, Wisconsin, Iowa, Arizona, North Dakota, South Dakota and throughout the United States.

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Motor Vehicle Accident Insurance Claim Guide

This is a FREE Insurance Claim Guide

Your Motor Vehicle can be a truck, car, motorcycle - - you name it! If its powered by a motor and has one, two, three, four (or even more) wheels this Guide is for you.

The information below is a bare-bones Guide for those who have had such a motor vehicle accident. It details the basics of how one should with their property damage and/or personal injury claim.

AFTER IMPACT CHECKLIST

We heartily suggest you make a copy of this "Impact Checklist" to be kept handy within the confines of your motor vehicle. A Guide to refer to so youll be certain, should an accident take place, that youve covered everything.

Other than the fact that one must obtain from the other operator, both their drivers license and motor vehicle registration information, you should also proceed to do the following:

IMMEDIATELY MAKE SPECIAL NOTE OF: Names and addresses of eye witnesses. And later the investigating police officers name and badge number. WEATHER CONDITIONS: Snow, rain, fog, mist, sleet, etc. ROAD SURFACE: Dry, wet, slippery, icy, etc.IMPACT AREA: City, suburban, business, wooded, etc. VISIBILITY: Sunny, cloudy, dusk, night, moonlight, etc. (Was the sun in the other drivers face)? TRAFFIC CONTROLS: Were there overhead lights? Posted speed limit signs? Stop or warning signs? Hospital or school zone signs? CREATE A DIAGRAM: Driving area: Flat, crowned, straight, curved, macadam, asphalt, concrete, cobblestone, dirt, etc. Indicate the width of street. Show the location of impact, gouge and/or skid marks. CONDITION OF MOTOR VEHICLE THAT STRUCK YOU: Age and general overall condition. Is their state inspection sticker displayed and up to date? Were chains or snow tires needed? AS SOON AS POSSIBLE RETURN TO THE SCENE AND SNAP PHOTOGRAPHS: Its most important to take pictures of: Skid or gouge marks on the road surface plus the damage to both vehicles. PHOTOS OF YOUR BODILY INJURIES: It's crucial to the ultimate value of your claim to snap a multitude of colored photos (up close and from different angles) of your bodily injuries - - especially all black and blue marks or bruises.

INSIGHTS INTO HANDLING YOUR CLAIM (There Are Six Areas You Must Be Familiar With) 1. Out-Of-Pocket Expenses 2. Lost Time From Work - Lost Wages 3. Property Damage Losses 4. What Your Medical Doctor And/Or Chiropractor Reports Should State 5. Medical Payments Coverage 6. What To Do If An Adjuster Refuses To Cooperate

You Should Go Into Detail Regarding These (Below Listed) Six Areas:

(1) OUT-OF-POCKET EXPENSES:These are expenses that can be measured in definite sums of money. They are the foundation of the calculations used to award damages (including that often great and extra amount paid to you for your Pain and Suffering) regarding any financial loss flowing directly from the injury you may have sustained.

MEDICAL EXPENSES: Obtain all bills and services rendered. (Prior to their being sent out, you have ever right to ask for and read the crucial Final Reports regarding your physical condition from your Doctor, Chiropractor, Medical Specialist and/or Dentist).Medical Expenses Typically Include: Ambulance ~ Emergency Room ~ Hospital or Clinic ~ Laboratory Fees and Services ~ Diagnostic Tests: (X-rays and/or CT Scan) ~ Registered or Practical Nurse Fees ~ Medicine and/or Prescription Medications ~ Prosthetic Appliances or Surgical Apparatus (Canes & crutch, etc.) ~ Physical Therapy ~ Ace Bandages, Gauze & Tape ~ Heating Pads ~ Creams, Ointments, Balms & Salves. As you read them make sure these Medical Reports include the length of time of your Total Disability and/or your Partial Disability. These are of enormous value because they justify the often HUGE, extra payment made for your Pain and Suffering . (Plus this information will also prove your claim for Lost Wages).

NON-MEDICAL DAMAGE EXPENSES. These include: Lost Wages and Earnings ~ Lost Vacation Time and/or Sick Leave ~ Travel Expenses: (Transportation costs incurred getting to and from The Doctor and/or Hospital, etc.) ~ Household Help During Disability ~ Child Care During Recuperation.

(2) LOST TIME FROM WORK - - LOST WAGES - - YOUR "LOSS EARNING CAPACITY": The weeks, hours and/or days you were unable to work (thus the money you may have lost) is added up and documented on company letterhead. Youre often entitled to compensation for Lost Time and Earnings even if you have no actual loss of money ! Such as, for example, if your salary is paid by some other insurance coverage you may have or by taking sick leave or some other similar arrangement. It doesnt matter if you're employed full time, part time, self-employed, own your own business, retired, unemployed, or a housewife not employed outside the home, you should keep a written record of all household help and/or child care needed during your disability period.

All of these constitute an element of your SPECIAL DAMAGES mainly "Lost Wages". Insurance companies usually don't view your time away from work (because of an injury) as Lost Time And Earnings but as Lost Earning Capacity. In most states one is entitled to compensation for lost time and earnings even if they have no loss of money. For example, when your salary is paid for by another insurance coverage you have or by taking sick leave and/or some other similar type of arrangement. There are specific situations to be considered and called to the forefront when it comes to being employed either full-time or part-time. More detailed information (regarding these above stated areas of your loss) are found in CHAPTER FOUR Damages within the book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.

(3) PROPERTY DAMAGE LOSSES: AGREED COST TO REPAIR: This figure has been negotiated between your damage repair person and the insurance adjuster. Be sure you know (and possess a written copy of) exactly what that figure is.COLLISION: There's usually a deductible. Read your policy. (If youre not at fault you should eventually be able to get this money back).PROPERTY DAMAGE LIABILITY: Protects you for damages you do to the property of another (i.e. his or her trees, lawn, shrubs, mailbox, etc.) EXCLUSIONS: These are stated in your policy. A good rule of thumb is, If its not excluded, its covered. Read your policy closely to discover your exclusions and how they apply. TOTAL LOSS: A Total Loss is when the motor vehicle damage exceeds the value of the vehicle, as stated within all of the up-to-date and Official Property Damage books and/or documents. OTHER PROPERTY DAMAGE LOSSES: Clothing, jewelry, watches, eye or sunglasses, etc. You can also collect for your (or any other individuals) personal property which happened to be in the car and was damaged. (Be sure to have written proof of the cost of each item damaged plus the date it was purchased). Never forget: Youre entitled to be reimbursed for any charges you may have incurred for towing, storage and/or substitute motor vehicle rental, or for that matter - - any other alternate transportation.

The above is a very brief review. For more in-depth information read CHAPTER FIVE: PROPERTY DAMAGE found in AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM.

(4) WHAT YOUR MEDICAL DOCTOR AND/OR CHIROPRACTOR REPORT SHOULD STATE: Each Injury Evaluation Factor should be clearly stated within each of your final Medical Reports. For example: That your disability is solely the result of the accident. If there were any pre-existing conditions aggravated by your injuries? What treatments were administered and for what duration? What medications were prescribed, in what amounts and for how long? What symptoms or medical problems were such medications meant to relieve? Were there any adverse reactions demonstrated? Ask to read them before they're sent to the adjuster so you're sure it explains the nature, plus the extent and frequency of the pain that an injury, such as yours, will likely cause.

PROGNOSIS: This is the clearly stated information (regarding your personal injury progress) and should include: The part played by a pre-existing condition, if any? Their prediction of any possible future temporary disability/impairments? Does the individual attending you anticipate any further or future treatments? LENGTH OF YOUR TOTAL DISABILITY: Why? Because it's so important (when it comes time to settle) this is clearly stated in weeks and days. LENGTH OF YOUR PARTIAL DISABILITY: Again (and for the same reason as above) this too should be clearly stated in weeks and days. (Specific details, regarding both Partial and Total Disability , and the incredible value it provides for you in your claim, are found in CHAPTER SIX: YOUR BODILY INJURY).

(5) MEDICAL PAYMENTS COVERAGE: If you have this coverage in your motor vehicle policy, it will pay (up to the limits stated) for all medical bills arising out of the accident - - regardless of whos at fault! (You must read your policy carefully because the Who, Why and/or How of this often differs).

A WORD ABOUT HEALTH INSURANCE PLANS: In certain instances, it may be possible to have your medical bills paid and yet avoid any repayment by tapping into your health insurance coverage, or some other plan you may have. (Yes, this means, under certain circumstances, you may be able to collect twice for the same medical bills)!

(6) WHAT TO DO IF THE ADJUSTER REFUSES TO COOPERATE? These Are Your Usual And Routine Choices: a. Threaten that you're going to obtain the services of a lawyer to represent you. b. Go over the adjusters head. c. Resolve your loss in Small Claims Court. d. Contact the proper people (working through the State Department of Insurance) implementing the time honored principle of Good Faith vs. Bad Faith.

All the information necessary for you to deal with and handle the above issues are spelled out within the contents of AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) found on the internet at http://www.autoaccidentclaims.com or http://www.caraccidentclaims.com. This book also contains BASE (The Baldyga Auto Accident Settlement Formula). THE BASE FORMULA will tell you exactly how many dollars the "Pain and Suffering" you endured are worth.

DISCLAIMER: The only purpose of this article is to help people understand the motor vehicle accident claim process. Dan Baldyga, does not offer a guarantee of any kind whatsoever, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBLY to obtain such services.

Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved.

About The Author

For over 30 years Dan Baldyga was a Claims Adjuster, Supervisor, Manager and Trial Assistant. He is now retired and spends his time attempting to assist those involved in motor vehicle accident claim so they will not be taken advantage of. dbpaw@comcast.net

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