Personal Injury Law Blog

The U.S. Centers for Disease Control and Prevention estimates that 2,700 teens are killed each year in car accidents where a teen driver was under the influence of alcohol. In addition, an estimated 282,000 injuries are suffered in such accidents. According to recent research, that makes drinking and driving the second most deadly behavior among teen drivers. A study conducted by researchers at Cohen Children's Medical Center in New Hyde Park suggested that teen deaths caused by texting drivers total more than 3,000. It estimated that 300,000 injuries result from this form of distracted driving.

Taking over the spot as the number one cause of death for teen drivers may force more people to take texting and driving seriously. Despite the proliferation of laws banning texting and driving, including some geared directly toward teen drivers, the hazard is growing according to the National Highway Traffic Safety Administration. While many people would express outrage at the notion of teens drinking and driving, texting does not yet illicit a similar response. A California survey recently showed that roughly two out of three drivers in the 30-64 age group use their cell phones while children are in the car and one out of three admit to texting with kids in the car.

Recent research has shown that diagnostic errors were the most common basis for successful medical malpractice claims from 1986 to 2010. A study of such claims in the National Practitioner Data Bank revealed that incorrect, missed or delayed diagnoses made up 29 percent of the nearly 350,000 successful malpractice claims filed during that period. The study was conducted by neurologists at Johns Hopkins University School of Medicine and appears in BMJ Quality & Safety.

The study simply reviewed successful medical malpractice claims over the given time period. It did not seek to answer the question of why diagnostic errors are as common as they are. One of the two leading authors of the study referred to the diagnostic process as "complicated" and suggested that uncertainty and time pressure were complicating factors in making an accurate diagnosis. He further pointed out that there is no public reporting requirement for "measuring diagnostic accuracy or error."

Individual states have taken steps to legalize medical and even recreational use of marijuana in recent years. While the states have the right to make these decisions, commercial drivers, pilots and operators are still bound by federal regulations concerning safe operation of buses, trains, planes and trucks. Truck drivers are still in violation of these rules if they have any marijuana in their systems while operating their vehicles. This is an important consideration for the victims of truck accidents as state laws establishing safe limits for THC in the blood could be used to deny liability. Regardless of the state where the accident occurs, if the driver has THC levels higher than zero, he or she is in violation of Department of Transportation guidelines for commercial drivers.

The DOT released a policy notice, specifically informing truckers and trucking companies that state laws will not trump the current federal Drug and Alcohol Testing regulations. The issue likely arose as Colorado is considering a bill to set new rules regarding driving under the influence and marijuana. It is considering a limit of 5 nanograms per mL of blood.

Boeing executives gave a media briefing in Tokyo on March 15 regarding the 787 Dreamliner and the investigations into the problems with the lithium ion batteries. The National Transportation Safety Board is taking issue with that briefing and the company's discussion of the NTSB investigation into the January 7 fire involving the plane and additional problems related to the battery and electrical systems in the Dreamliner. The NTSB is concerned that Boeing provided its own, unauthorized analysis of the ongoing NTSB investigation. An attorney for the NTSB made it clear that the organization expected Boeing to inform investigators of the content of its remarks before making them during an investigation still under way.

All Boeing 787 Dreamliners have been grounded since January 16, pending the results of the investigation. The FAA took that unusual step after several incidents involving the battery system on the new, high-efficiency plane. Boeing has indicated that it is engaging in "around-the-clock efforts to return the 787 fleet to service." Those efforts include substantial cooperation with the NTSB investigation.