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Joplin Personal Injury Law Blog

Congress may suspend trucking rest regulations as part of budget deal

Right now, lawmakers on Capitol Hill are busy debating a funding bill that must be passed by midnight in order to avoid a possible government shutdown. While the primary sticking points appear to cover such widely varying issues as immigration and banking reform, there are also other provisions included in the draft funding bill that could prove to be contentious.

For instance, consider a provision introduced by appropriations committees in the House and Senate just last night that would temporarily suspend the hours-of-service regulations currently governing commercial truckers here in the U.S. pending the completion of a traffic study.

For those unfamiliar with the current hours-of-service regulations, they were introduced back in July 2013 and permit truck drivers to work upwards of 14 hours per day with 11 hours spent driving. They also dictate, however, that if truck drivers average 70 hours in a week, they must take a mandatory 34-hour rest period that includes two consecutive nights from 1 a.m. to 5 a.m.

Perry Mason moment near end of medical malpractice case

For those of a certain age, Perry Mason was a riveting TV attorney character who brilliantly represented clients at trial, often prevailing as the result of a last-second revelation or confession by a key witness.

An attorney who represented a client in a dental malpractice case said he recently went through a Perry Mason moment when a witness brought in at the very end of the proceedings brought the dentist defendant to the negotiating table.

 

Blast of winter returns to Joplin

Last winter in Joplin was foot-numbing, face-freezing, finger-cracking cold and this year’s blast of icy weather is likely to be no better. Fortunately, we can prepare for what is ahead.

AAA has a number of winter driving tips that can help motorists avoid motor vehicle accidents that cause injuries.

Being fully alert to the dangers posed by drowsy truckers

“You know what? I dozed off. Man, I just dozed off." That is reportedly what a trucker recently told a witness to a truck accident that resulted in two deaths and multiple injuries. The drowsy trucker slammed his enormous tractor-trailer into nine vehicles.

It’s just one example of the nightmares that can come true when drowsy people get behind the wheels of large commercial vehicles.  

Head injuries change as children grow

As Joplin parents know, growing children are always in search of better ways to move. They start out crawling, but are soon walking, then running and eventually driving. Each method is riskier than the one that preceded it in the child’s evolution.

A new study published in the New England Journal of Medicine shows that the causes of head injuries change as children grow, beginning with infants and toddlers hurt in falls, to teenagers suffering brain injuries in auto accidents, sports activities and assaults.

Study: medical malpractice laws don’t reduce health care costs

It has long been claimed in Joplin and across the nation that our healthcare costs are soaring because doctors are forced to order expensive tests that patients don’t need. Doctors claim that they order the unneeded tests – often referred to as “defensive medicine” – to guard against medical malpractice claims. That’s what physicians have long said, anyway.

Reuters reports that a new study shows the "defensive medicine" claim is a false one. The reality is that in states that passed laws making it nearly impossible for an injured patient to successfully sue a negligent doctor, “the cost of care did not go down in hospital emergency departments.”

Holidays prompt spikes in young adult drinking and driving

Holidays can be special days for fun and relaxation, as well as festivities that honor and celebrate important events and people. Each one brings its own unique joys, traditions and meanings not only to Joplin, but across Missouri and the U.S.

Unfortunately, some people use holidays as an excuse to drink and drive. In many cases, it's because they are going from party to party or from bar to bar. In all cases, it's irresponsible behavior that can lead to drunk driving accidents, injuries and fatalities.

Honoring the memories of the loves of his life

The story in the Joplin Globe of a Pittsburg girl, her mother and her dad is enough to break your heart and at the same time reaffirm a belief in the goodness of most people. The girl was just 13 years old when she was killed with her mom in 2009 by a drunk driver in a car accident. The girl died at the scene of the crash; her mom died of injuries a few days later at a hospital.

The intoxicated driver survived the U.S. 69 rear-end crash.  Two years later, a Cherokee County judge overseeing a wrongful death civil trial determined that the man was 100 percent responsible for the needless fatalities. The girl’s father was awarded $5.7 million, according to news accounts at the time.

Missouri distracted drivers: "leading cause of all traffic crashes"

The words from a Missouri Highway Patrol sergeant hit hard: "Distraction is the leading cause of all traffic crashes in the state of Missouri," he told a Joplin news outlet. Hopefully, his words will also serve to awaken people to the dangers of distracted driving.

Those motor vehicle accidents cause injuries to drivers, passengers, pedestrians and bicyclists. The violent collisions can far too often also result in fatalities.

Medical malpractice is the third leading cause of death in U.S.

The statement is a shock to our national pride, but according to studies, it's true: medical negligence and preventable error is the third leading cause of death in the United States. It trails only cancer and heart disease.

According to a study published last year in the Journal of Patient Safety, medical negligence kills at least 210,000 Americans per year. That's the minimum number of fatalities by preventable harm in hospitals. At the other end of the spectrum, researchers said, up to 400,000 patients might be killed annually by medical malpractice