You Should Know: Pedestrians Pay the Price for Distracted Driving

Bikers, Walkers Threatened By Increase In Distracted Driving

April showers have given way to May flowers, encouraging walkers and bicyclists to get out and enjoy the weather. Long walks and leisurely bike rides can be a perfect way to soak up the sun, but busy streets with distracted drivers can be an accident waiting to wreck a lovely day. Unfortunately, when drivers are distracted, pedestrians and bikers often pay the price. This month, you should know how to keep yourself safe while you enjoy the spring season.

Use marked crosswalks: Eighty-two percent of pedestrian deaths occur outside the crosswalk.

More Cars, More Walkers and Bikes, More Distractions = Higher Traffic Deaths

According to the Governors Highway Safety Association (GHSA), almost 6,000 pedestrians were killed in 2016 in traffic accidents. In 2015, more than 800 bicyclists lost their lives in motor vehicle-involved crashes. Pedestrian deaths shot up 10 percent between 2014 and 2015, bicyclist deaths by 13 percent – both more than any other category of traffic-related fatalities, according to National Highway Traffic Safety Administration (NHTSA). 

The cause of this deadly trend has been greatly debated, with different groups pointing to a stronger economy and hence more cars on the road, more people walking to work or for recreation, and distraction due to the skyrocketing use of smartphone technology. Meanwhile, most efforts to prevent distraction are focused on motor vehicle drivers and passengers rather than pedestrians and bicyclists.

Teens Account for 25 Percent Increase in Pedestrian Deaths Over Past Five Years

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Bicycle fatalities have risen sharply for adults (especially men) 20 years or older since 1975. Click for larger image.

Even if a person is not behind a wheel, they can be at risk if walking while talking on a cell phone or listening to music through headphones. Among kids, teens account for 50 percent of all pedestrian deaths in the United States, and unintentional pedestrian traffic injuries are the fifth leading cause of fatalities for ages 5 to 19. Older teens have accounted for a staggering 25 percent increase in pedestrian injuries in the past five years. Over half of all adults have been involved in a distracted walking encounter.

Tips To Stay Safe

Walking or bicycling are healthy for both people and the environment. Perhaps that is why we’ve seen a 60 percent increase in commuter biking during the past decade. But while bicycle deaths among children have thankfully decreased by 88 percent since 1975, deaths among bicyclists age 20 and older have more than tripled. Here are a few safety tips to keep in mind that will increase your chances of arriving safely at your destination, whether on foot or by pedal!

• Look left, right and left again before crossing the street
• Make eye contact with drivers of oncoming vehicles to make sure they see you
• Be aware of drivers even when you’re in a crosswalk; vehicles have blind spots
• Don’t wear headphones while walking or biking
• Never use a cell phone or other electronic device while walking or biking
• If your view is blocked, move to a place where you can see oncoming traffic
• Never rely on a car to stop
• Only cross at designated crosswalks (82 percent of pedestrian fatalities occur outside crosswalks)
• Wear bright and/or reflective clothing, especially at night
• Always wear a helmet while biking
• Walk in groups, if possible
• Follow all traffic laws and road signs, and signal to turn

This article appeared in our May 2017 "You Should Know" e-newsletter.

Teens 50% of All Pedestrian Deaths, Ages 5 to 19

Traffic deaths are up 6 percent since 2010, pushing U.S. road fatalities to the highest level in a decade. However, the percentage increase in pedestrian deaths is far outpacing those on the road, jumping 25 percent from 2010 to 2015. Walkers on smartphones, bicyclists ignoring traffic rules, coupled with distracted driving, are a deadly combination. 

Teens, who are much more likely to walk distracted with a mobile device, make up 50 percent of all pedestrian deaths ages 5 to 19.

Our recommendations: 

Make sure your children understand the importance of looking both ways before they step out onto a roadway. Point out the traffic lights to them and explain their significance. Also, if an intersection is equipped with a pedestrian light, point that out to them and make sure they understand what the illuminated symbols mean. Stand on the corner for a full cycle of the light and pedestrian signal to make sure your children understand how they work and who has the right-of-way when. Never cross against the light with your children even if there is no one coming or if others are doing it. You do not want to teach your children bad habits or to take unnecessary risks. Impress upon your children that even if they have the right of way they should still look and be cautious because you can never assume that drivers are paying attention. It only takes one misstep. And finally read our May newsletter and discuss it with your children. Stay safe out there.

Guy W. Crabtree is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC.

You Should Know: The Warning Signs of Nursing Home Abuse

Choosing nursing home, assisted living or in-home medical care is complicated, difficult and often an emotional process. The last thing on your mind is the possibility that those responsible for the care of some of our most vulnerable citizens would abuse or neglect their patients. But it does happen all too often, which is why you should know the signs of elder abuse and how to find quality care for the older loved ones in your life

Protect the elderly in your life by learning the signs of elder abuse.

As U.S. Population Ages, Reports of Nursing Home Abuse also on the Rise

National data on cases of abuse in America’s 15,600-plus nursing homes and other elder-care programs is hard to come by. But several recent studies by government investigators, advocacy groups and the news media have chilling implications.

According to the National Ombudsman Reporting System (NORS), 14,258 (7.6 percent) of approximately 188,599 complaints reported to state ombudsman programs in 2014 involved abuse, gross neglect or exploitation. Another study of nursing home staff throughout the country found that 36 percent had witnessed at least one incident of physical abuse of an elderly patient in the previous year, 10 percent committed at least one act of physical abuse, and 40 percent admitted to committing psychological abuse. It gets worse: A CNN special investigation aired in February found that the federal government cited more than 1,000 nursing homes for mishandling or failing to prevent alleged cases of sexual assault and abuse from 2013 to 2016.

Given that 1.4 million aging adults already live in nursing homes and that the number of Americans 65-plus will double from 2010 to 2050, this issue will only become more pressing.

Keep a Watchful Eye

Financial abuse is often overlooked, costing older Americans more than $36 billion a year.

Abuse can encompass a wide range of behaviors, including physical, mental, emotional, sexual, and financial abuse and neglect. Beyond the physical scars left by abuse, neglect and mistreatment have dangerous effects on the quality of life left to an aging person. Elders who have been abused have a higher risk of early death compared to those who have not been mistreated. If your loved ones are in a nursing home or other elder care program, watch for these warning signs:

• Broken bones or fractures
• Bruising, cuts or welts
• Bed sores
• Frequent infections
• Signs of dehydration
• Mood swings and emotional outbursts or unusual depression
• Reclusiveness or refusal to speak
• Refusal to eat or take medications
• Unexplained weight loss
• Poor physical appearance or lack of cleanliness
• Caregivers that do not want the patient to be left alone with others
• Sudden changes in financial situation or missing personal items

Protect Your Most Vulnerable Loved Ones

For a family member or caregiver choosing a care facility, the risk of abuse can be overwhelming and traumatic. The best way to prevent elder abuse is to choose the right care facility, which is not always easy given location or financial constraints. Nevertheless, here are factors to consider:

• Talk to residents or other patients. Observe their physical well-being and behavior. Also visit with residents’ families if possible, and learn whether they have experienced problems with the facility.
• Avoid facilities that have restricted access.
• Meet with key personnel (nurses, aides, social workers, administrators and doctors).
• Read contracts carefully before signing and look for a forced arbitration clause. The rights of your loved one may be denied even if they are abused.
• Visit frequently. Vary your visits to different times of the day and evening to assess the care provided during the day, night, weekends and holidays.
• Trust your gut. Pay attention to whether residents appear clean, well fed and free of bruises or other wounds. Also note if the environment is peaceful and feels safe.
• Document in writing the details about any problems or concerns.
• Compare facilities. Look up state survey reports here.

This article appeared in our April 2017 "You Should Know" e-newsletter.

Tell Congress to Protect Your Case and Your Rights!

From the American Association for Justice:

Congress is pushing legislation that will make lawsuits brought by injured patients, nursing home residents, and their families nearly impossible to pursue. The so-called "Protecting Access to Care Act of 2017" [H.R. 1215] will rig the system against individuals like you and tip the scales in favor of the health care and insurance industries. We need to send a strong message to Congress that they must protect patients and reject this bill. 

What to Know about H.R. 1215

• Affects medical malpractice, nursing homes and assisted living facilities, and drug and device issues.

• Eliminates joint and several liability, caps attorneys' fees, limits periodic payment of future damages, and gives immunity to health care providers who prescribe or dispense prescription drugs by prohibiting them from even being named in product liability lawsuits.

• Directly preempts state law by capping noneconomic damages in lawsuits against health care providers to $250,000 in the aggregate, even in wrongful death cases involving multiple defendants. The cap purports to be flexible and not preempt states that have higher damage caps, but the cap would apply to states that have struck down damage caps, and states with an overall damage cap could also now have the $250,000 cap.

If you agree that it is unacceptable for Congress to eliminate your rights to hold the parties that harmed you or your loved ones accountable, we urge you to contact your Congressperson and Senators today. Tell your representatives to stand up for you and your family and vote NO on this offensive bill.

We urge you to call your representatives’ offices and send them a letter. Please visit www.takejusticeback.com/ProtectPatients to find contact information for your elected officials in Washington.  You will also find a sample letter you can send to your Representative and Senators.

Please take action today! Your elected officials need to hear from you that you want to preserve your rights to access the civil justice system.

Linda A. Lipsen
CEO
American Association for Justice

You Should Know: New Laws Weaken Protection Against Medical Malpractice

Restricting Your Rights Will Not Fix Medical Malpractice, Nursing Home Negligence

Jean Simmons kept moving her mother Betty from one nursing home to another after discovering mistreatment and neglect by her mother’s caregivers. When her mother died recently at a nursing home in East Texas, Ms. Simmons wanted justice for the woman who raised her while maybe preventing someone else’s parent from spending the waning years of life in misery.

But Texas – like more than 30 other states – has a cap on damages for medical malpractice and nursing home abuse cases, which effectively prevents Ms. Simmons from holding the nursing home company accountable. “It is a lose-lose, because your loved one is suffering and you don’t even want validation or money for it,” Simmons said. “You just want good care. And you still can’t get that.”  

Medical Errors Pegged as Third Leading Cause of Death

Our most vulnerable citizens are often the victims of medical and nursing home negligence.

You’ve probably heard or read about nursing home abuse cases like that of Ms. Simmons, or stories about terrible mistakes at hospitals and clinics, or reports about medical devices that fail and cause serious injury or death.

So why in the world would anyone propose a new bill in Washington, D.C., that would make it nearly impossible for you to pursue lawsuits and hold insurance companies and big corporations accountable for these mistakes? But that’s exactly what this new legislation would do, capping damages on medical malpractice and nursing home abuse lawsuits to $250,000. Other restrictions would protect for-profit nursing homes, insurance providers and even caregivers who intentionally abuse a patient.

Supporters of these measures argue that they are necessary to deter greedy patients from exploiting doctors and health care facilities for personal gain. Many say that caps will keep health care costs down by reducing the amount of money paid out for medical malpractice lawsuits and insurance. But the experts tell a very different story.

• Nearly half a million people die from preventable medical errors each year, making it the third leading cause of death in the United States after heart disease and cancer. In addition, 10 to 20 times more people are seriously injured. Caps do nothing to make health care safer and instead protect the financial interests of big corporations and insurance companies rather than save you money.
• Lawyers are not filling the courts with frivolous medical malpractice and nursing home abuse lawsuits. Medical malpractice lawsuits are rare and make up only 0.2 to 2 percent of all civil cases each year, and that number continues to decrease.
• Instead of lowering health care costs, research shows that costs have actually increased by about 4 to 5 percent in states with damage caps.

And something else you should know about these laws: They allow the federal government to override state laws that protect consumers and patients in favor of laws that protect corporate health care at the expense of patient safety.  

Help Us Oppose Laws that Punish Those Who Have Already Suffered

The founders of this country knew how important it was to arm the average citizen with the right to hold powerful special interests accountable in a court of law. Restricting that right in cases of negligent medical and nursing home care will only punish those who have already suffered enough while actually reducing the incentive for big corporations and insurance companies to address the epidemic of preventable medical errors.

Later this month, the House of Representatives will take the first step in restricting this right for all Americans by voting on House Resolution 1215. If passed, the bill will then move on to the Senate and eventually the President's desk. We urge you to take a closer look at this legislation, and if you feel the same way as we do, contact your members of Congress and make your voice heard on this important issue.

This article appeared in our March 2017 "You Should Know" e-newsletter.

Focus Should Be On Health Care Safety

We understand that it is difficult for anyone to wrap their head around the issue of errors and health care. Americans have a justifiably high opinion of doctors, nurses and other care providers. The vast majority are dedicated professionals that do tremendous good for society and save many lives.

But to err is human, and it has become clear that the big business of health and nursing home care results in too many preventable injuries. According to a recent study by doctors at Johns Hopkins, death due to medical error ranks 3rd (250,00 per year) behind heart disease and cancer. That is an alarming statistic. So read our March newsletter not as an indictment of the fine people who work in health care today, but rather a defense of every American’s right to justice and accountability when preventable mistakes occur. Patients and families who are harmed by preventable medical errors should not be denied their right to seek legal redress for what has happened to them. 

Guy W. Crabtree is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC.