On Wednesday, a Simpsonville woman was seriously injured in an accident after the truck she was driving crossed the center line and ran head-on into a school bus in Greenville, South Carolina. The driver had to be cut out of her pick-up truck before being rushed to a local hospital along with the school bus driver and six students. Police reports noted that several students near the front of the bus had head trauma including bloody noses. The pick-up truck driver was later charged with driving while under the influence.
]]> The day before, an elderly Columbia woman was killed when the car her husband was driving struck a school bus with five young children, a school aide and a school bus driver during the afternoon ride home. The woman was reportedly wearing her seat belt, but her neck was broken in the car accident. All the students and school staff were taken to the hospital to rule out neck and head injuries.Also on Wednesday, another school bus from the same Columbia school district was involved in the third school bus wreck of the week. A 20-year-old driver hit the school bus and then left the scene of the accident. One child was reported to have a minor injury after the school bus accident. Police have identified the hit-and-run driver and charges of leaving the scene of the accident, driving with an open container, and driving with a suspended license are pending against her.
Thankfully, school bus wrecks are relatively rare in South Carolina, and this seems to be a particularly unlucky week for school kids. But children and other motorists involved in bus accidents can face serious risk of head injuries, neck injuries and even death when school buses collide with other motor vehicles, as demonstrated by the death and injuries that occurred in accidents involving South Carolina school buses this week.
Sources: WSPA.com, "Driver Of Truck That Hit School Bus Charged With DUI," Staff, Feb. 15, 2012;
StamfordAdvocate.com, "Broken neck kills 85-year-old in school bus wreck," Staff, Feb. 14, 2012;
TheState.com, "Police identify driver in school bus wreck, offer reward," Staff, Feb. 18, 2012
]]>The ship ran aground and capsized quickly. The captain faces criminal charges for his part in the accident. Survivors reported that crewmembers seemed unprepared and untrained. Investigators, survivors and people who lost loved ones want to know why this happened.
]]> Several commentators have pointed out that the cruise industry does not work under the rigorous regulatory standards of, for example, the airline industry. Airlines must report their flight plans and remain in contact with air traffic controllers from takeoff to landing. However, according to one source, once a ship leaves port, the captain answers to no one.These lawsuits, then, could result in increased pressure on lawmakers to tighten up cruise industry regulations. And, if the industry doesn't respond, this particular cruise company may.
Costa Crociere is a subsidiary of U.S.-based Carnival Corp., and Carnival is a defendant in many of the wrongful death actions. An attorney that represents a few dozen passengers and family members claims that Carnival was just as responsible as the captain, because the company created a culture that treated passenger safety and evacuation casually.
Where Carnival goes, its competitors will go, in theory. Other lines, reluctant to face similar charges, will watch the investigation and lawsuits unfold while reviewing and improving their own policies and procedures. In this case, self-interest and conscience work together to create a safer experience for passengers.
Companies and lawmakers can have short memories when it comes to accidents like this one. Wrongful death suits will help to keep the issues that led to the loss of so many lives on everyone's radar as the plaintiffs work to understand what happened, why it happened and how to make sure it never, ever happens again.
Source: ThomsonReuters News & Insight, "Italy cruise lawsuits will force higher standards-lawyer," Phillip Pullella, Feb. 9, 2012
]]>The cruise ship accident off the coast of Italy in January is a good example. To date, 17 people have been confirmed dead, and 15 people are still unaccounted for. The cruise company has placed the blame for the accident squarely at the feet of the captain. However, authorities -- and survivors -- tell a different story.
]]> Survivors describe a scene of chaos and panic; inexperienced, untrained crewmembers had little guidance from officers when it came to evacuating the ship and launching the lifeboats. One survivor said a frustrated passenger finally pushed a terrified crewman out of the way and took over the lifeboat; the crewman had been gripping the side of the ship and refused to budge.For survivors and the families of the dead and missing, one question lingers: How could this happen? The cruise company, Costa Crociere, has been in the passenger cruise business since 1947. For 12 years, it has been a subsidiary of U.S.-based Carnival Corporation, one of the world's largest travel companies. Carnival owns 11 lines, including Cunard and Holland America. So, again, how could this happen?
And how can we make sure it never happens again?
To be continued.
Source: ThomsonReuters News & Insight, "Italy cruise lawsuits will force higher standards-lawyer," Phillip Pullella, Feb. 9, 2012
]]>Both North and South Carolina homes have suffered from this recent wave. The norovirus is highly contagious and spreads quickly through crowded environments like cruise ships, day care centers, and hospitals and nursing facilities. The primary symptoms are diarrhea and vomiting, and healthy people will generally recover in 24 to 48 hours.
]]> Nursing home residents are particularly vulnerable to more serious bouts of the norovirus. Dehydration is a risk when the symptoms persist, so patients require more intensive medical care and monitoring.Residents and staff who are not sick must take extra precautions to avoid infection. Officials with the facility said they were disinfecting tray tables, handrails and other surfaces with the recommended bleach-based cleanser. The norovirus spreads quickly through frequently touched surfaces.
One upstate South Carolina facility reported 31 patients and seven staff members had the norovirus. The most recent facility reported 11 cases last week and three more at the beginning of this week. Neither facility has reported any deaths from the virus.
As patients' health improves, the nursing home will reopen in stages, starting with the group dining room. Visitors will be required to wear gloves and a gown until further notice.
Source: WSPA, "3 More Sick With Confirmed Norovirus At Long Term Care Facility in Oconee Co.," Feb. 6, 2012
]]>This past week, the South Carolina House subcommittee on Education and Public Works passed a bill that would make it illegal for a driver to use cell phone, tablets or other similar electronic communication devices to send, compose or read electronic messages. The goal of the measure is to cut down on the senseless injury and loss of life caused by texting and driving accidents.
]]> The timing for such legislation may be right as awareness about the danger of distracted driving has grown throughout the state. According to S.C. Rep Bill Taylor, more people witness distracted driving on a daily basis. This has bolstered public support for the measure.To the South Carolina law enforcement community, texting while driving is just as dangerous as driving under the influence. It isn't uncommon for officers to pull a car or truck over for what appears to be drunk driving only to discover the driver was texting behind the wheel.
If the bill becomes the law, the following penalties will apply:
The bill will be reviewed by the full House committee in the coming weeks.
Source: Aiken Standard, "SC Steps Closer to Banning Drivers From Texting," Anna Doliantis, Feb 3, 2012
]]>The visibility question has stirred emotions in states up and down the Atlantic seaboard, including here in South Carolina. That stretch of I-75 had been closed for three hours Sunday night. About 30 minutes after state troopers opened the road again, the pileup began. Authorities and citizens everywhere want to know how to avoid making that mistake in their communities.
]]> In Florida, where the accident occurred, the highway patrol makes the decision to close a road in fog or smoke. According to a patrol spokesperson, a supervisor makes the decision after consulting with troopers "on the ground." If conditions are very dangerous, any state trooper can make the call. Wherever it comes from, the decision is always -- but not solely -- based on direct observation.The National Weather Service monitors conditions closely all over the country. In addition to temperature and precipitation -- typical weather-related data -- the service issues an index that estimates humidity and smoke dispersion. A score of 7 or higher (on a scale of 1 to 10) on the Low Visibility Occurrence Risk Index means the road should be closed.
Sunday night, the weather service predicted a score of 6 for the counties around the crash site.
Visibility guidelines don't exist at the national level. Federal agencies like the Federal Highway Administration and the National Highway Transportation Safety Board have no guidelines on the books that address road closings in fog, fire and dust storms.
At least, not yet.
Source: CBSNews.com, "Few guidelines exist on when to shut down roads," Curt Anderson, Mark Carlson, Greg Bluestein and David Sharp, Feb. 1, 2012
]]>According to police, the victim collided with the tractor trailer around 3 a.m. February 3 and a fire started immediately after the crash. The SUV driver died instantly and the truck driver was taken to the hospital where he was treated and later released.
]]> Investigators on the scene are looking into whether one of the drivers failed to yield the right of way at the intersection or if one of them may have ran a red light. Police are setting up an accident reconstruction simulation to determine the cause.The detour tied up traffic until early afternoon. The accident scene contained a large debris field and it took investigators a long time to get everything cleaned up.
Accidents like this happen daily and while we don't know if anyone was at fault in this particular situation, the accident is still tragic for the survivor and the victim's family.
A case like this can have life-altering consequences if you've been hurt in a car accident. You could miss work, your bills pile up, and you worry if your insurance company will cover your losses and if you are going to fully recover from your injuries. These physical, emotional and financial strains can be overwhelming. An experienced attorney specializing in personal injury can help you figure out your options. They can provide you with an approach that fits your situation and benefits you most.
Source: The Laurinburg Exchange, "Laurinburg native dies in SC," Joy Hunt, Feb. 3, 2012
]]>Police had reopened the stretch of six-lane highway soon before the pileup. Fog had set in, and the area was cloaked in the haze from a nearby brush fire. A survivor of the crash said the visibility problem came up quickly.
]]> The survivor and his passenger managed to jump out of their car when they saw the car next to them smash into and crushed under the tractor trailer ahead of it. He said he heard crashes and explosions all around him, adding that "it was like the end of the world."It took almost a full day for workers to clear the road of the wreckage of an estimated dozen cars and six tractor trailers. Fire consumed many vehicles -- one truck was burned to its skeleton -- and destroyed the tires on all of them. Only the steel belts remained.
Rescuers faced the same visibility problems that the drivers had. They said they found victims by following screams and moans. The debris covered all six lanes of about a mile of road.
The NTSB has not decided if it will be involved in the investigation yet. An agency representative said it may leave it to state police. As for the brush fire, local forest service personnel are investigating the possibility it was set deliberately.
One lingering question concerns the reopening of the road that night. No one at the scene could explain who had made the decision or why.
Source: Associated Press, "Cause sought for deadly Fla. highway pileup," Mike Schneider, Jan. 30, 2012
]]>For those of us who drive Charleston's roads after a long day, Ford has another technology-related answer. The "Driver Alert System" will warn drivers if weaving associated with drowsiness occurs.
]]> All of this technology saves lives when it works -- but only certain road conditions work with the lane-keeping system. This, in addition to other reasons, causes doubts as to whether the system will activate when it should.A camera mounted on the rear-view mirror is what Ford's technology relies on. The vehicle must be traveling more than 40 miles per hour, and the system must be switched on. The camera uses the road's lane markings to determine if veering or weaving is occurring. Unless the turn signal is turned on, the system believes this swerving is unintentional; the steering wheel will vibrate to warn the driver.
The software is supposed to make the power steering bring the car back toward the center of the lane if the driver doesn't correct the drift.
The markings in the lanes are difficult for the camera to see, though, during heavy precipitation and when the sun is at a low angle. The camera remains dormant if it cannot detect the markings.
The National Highway Traffic Safety Administration isn't on board quite yet. The deputy administrator states the NHTSA believes more research and additional evaluation are needed for lane-keeping systems before it can advise the public.
Source: New York Times, "Trying to Nudge Drowsy Drivers," Randall Stross, Jan. 21, 2012
]]>For the families of 53 people who have died and more than 1,000 people who have been injured in train accidents over the last decade or so -- South Carolina families among them -- the current debate about Positive Train Control technology must be frustrating.
]]> A federal law mandated that PTC be installed in American tracks by 2015. Even in the face of the rule, though, the debate continues. Safety advocates strongly support the use of PTC, but the railroads do not.As we discussed in our last post, the railroads say the technology is too expensive. Federal agencies are split. The Obama administration's resolve to streamline regulations bolsters the argument against across-the-board PTC implementation.
The Government Accountability Office, part of the executive branch, issued a report in 2010 that opponents have used to stoke their fires. Although the report did not look at the system's effectiveness, it did look at the ease of implementation -- and found it wanting. The GAO concluded that implementation of PTC would likely be delayed beyond 2015.
Limited federal funds are also on railroads' list of complaints. Industry representatives say they thought the federal government would offer more than minimal help paying the $13 billion tab; with none forthcoming, the atmosphere is ripe for efforts to extend the deadline or to do away with the mandate altogether.
The Federal Railroad Administration agrees that PTC would improve safety. The agency's complaint is a strict cost/benefit analysis: As planned, PTC would save only 4 or 5 lives per year, not enough to justify the investment.
With another contentious election cycle coming up, and the deadline getting closer, it's hard to guess if either side will budge.
Source: FairWarning.org, "As Rail Tragedies Fade From Memory, Resistance to Safety Rule Gains Steam," Justine Sharrock, Laurie Udesky, and Stuart Silverstein, Jan. 19, 2012
]]>Proponents say the technology will avert train wrecks that are caused by human error -- and about 40 percent of all train accidents, including South Carolina's 2005 Graniteville disaster, are linked to human error. The National Transportation Safety Board says that PTC could have prevented 21 train accidents and saved 53 lives in the past 11 years. In addition to the lives saved, PTC could have prevented almost 1,000 injuries.
]]> Using GPS and wireless communications systems, PTC monitors trains and automatically engages the brakes if the train is about to collide or derail or if the train takes the wrong track or runs a red light. A deadly crash on the West Coast occurred in 2008 when the conductor ran a red light -- he was texting at the time.In addition to preventing accidents, PTC can help railroads cut shipping time. The technology affords the companies more control of train traffic; the efficiency should save money and increase capacity.
All well and good, say opponents, but the systems are too expensive, and the technology needs more work. Plus, not every stretch of track needs such a sophisticated system. The Association of American Railroads and the American Public Transportation Association are urging regulators to exempt as much as 20 percent of their track.
The White House has perhaps unwittingly supported the railroads' arguments. We'll get into that in our next post.
Source: FairWarning.org, "As Rail Tragedies Fade From Memory, Resistance to Safety Rule Gains Steam," Justine Sharrock, Laurie Udesky, and Stuart Silverstein, Jan. 19, 2012
]]>A revised hours of service rule, in fact, is with the OMB for a final review. When that office has approved it, the rule will be published for comment. Only then will many insiders know how much of the Federal Motor Carrier Safety Administration's original proposal remains in the text.
]]> The trucking and shipping industries are wary of a number of the FMCSA's recommendations. The rules for truckers govern hours of service, time behind the wheel, rest periods and restart times, among others. The agency's proposals taken together seem to be aimed at reducing drive time and making sure drivers are rested before they hit the road.For example, the agency proposed cutting drive times from 11 to 10 hours per day. Another proposal would require the 34 hours between on-duty periods to include two overnights (midnight to 6 a.m.).
The industry believes the revisions would not have any meaningful impact on safety but would have a negative impact on costs. A representative from American Trucking Associations indicated the organization is ready to go to court if the proposals go through.
ATA's allies in Congress believe the new rule could add $1 billion to the costs of regulatory oversight. They are urging President Obama to pull the proposal and keep the existing rule.
Consumer advocates and accident victims' families are wary of the rules staying the same.
Source: TruckingInfo.com, "Trends to Watch in 2012: Washington Outlook," Oliver B. Patton, Dec. 21, 2011
]]>Reports indicate that many states, perhaps even South Carolina, will not meet the Jan. 30 implementation deadline. As we discussed in our last post, many states have not completed the technical modifications needed to hook into the national system. Other states have had financing issues, with legislators choosing other programs over this one during tight budget years.
]]> In some cases, too, state laws stand in the way. One state disqualifies drivers who don't give their medical certificates to the state. That law conflicts with the federal regulation, so it must be repealed. The state's legislature didn't pass the repeal during the last session, and the next session starts in February, after the Jan. 30 deadline.In another state, the bill that brought state law in line with the federal regulation made it all the way to the governor. But the bill included an unrelated provision that the governor objected to, and he vetoed it.
The Federal Motor Carrier Safety Administration is well aware that almost one third of all states will miss the deadline. Rather than penalize those states right away, though -- by cutting federal highway funds by as much as 5 percent -- the FMCSA is asking each tardy state to submit a plan and a timeline for implementation. If the FMCSA finds the plan wanting, it will stop payment of the highway funds on Oct. 1, 2014.
According to one state legislator, the regulation itself is not an issue, nor is there any objection to adopting the necessary state laws. ""It's not a reluctance to get it fixed," he explained. "It's just been on a bigger bill that failed. It's been the victim of the process."
Source: Washington Post, "One-third of states may miss truck driver rules deadline, risk losing road money," Associated Press, Jan. 2, 2012
]]>Interstate truck drivers must obtain a physician's approval to work. Right now, truckers carry their medical certification cards with them. The amended rule requires truckers to present a paper copy of the medical examiner's approval form to the state driver's license bureau. The bureau then must enter the information into a national database.
]]> Pulling together the information from all states into one repository should make it easier for law enforcement and trucking inspectors to keep track of drivers. The database also includes information about driving violations and license suspensions or revocations.States apparently haven't been able to meet the technical standards needed to connect to the national database. One state, for example, said it would collect the medical forms from drivers beginning Jan. 30, but that information won't actually make it into the database for another six months. Another state says it's a few months away from meeting the technical requirements.
The technical requirements are just one hurdle, though. We'll discuss other problems faced by states in our next post.
Source: Washington Post, "One-third of states may miss truck driver rules deadline, risk losing road money," Associated Press, Jan. 2, 2012
]]>A recent example of this is the Federal Motor Carrier Safety Administration rule that modified the type of paperwork necessary to obtain an interstate commercial driver's license. On the surface, the rule looks simple: Drivers must present a current medical examiner's certificate (original or copy) to their state licensing departments. The rule further requires that the state licensing offices enter the information into a national database.
]]> A brief history of the rule paints an interesting picture of rulemaking in general. First, in 1999 Congress passed the law that required the FMCSA to write the rule. It took a few years to write and edit the new regulation; the final rule appeared in the Dec. 1, 2008 Federal Register.According to the Federal Register, the final rule was effective on Jan. 30, 2009. However, understanding that the states would have to retool some systems in order to accommodate the new information, the FMCSA set a deadline of Jan. 30, 2012 -- the end of this month -- for states to comply.
Right now, just one-third of all states are prepared for the Jan. 30 deadline. The FMCSA does not take noncompliance lightly, though. Each of the remaining states faces a multi-million dollar, 5 percent reduction in federal highway funds.
That's not exactly small change. And the lack of funding, of course, can mean less rigorous upkeep of the state's roads that can snowball into unsafe roads and real hazards for drivers. The result seems a little extreme for a paper copy of a medical certificate.
So what's the holdup? We'll discuss a few states' situations in our next post.
Source: Washington Post, "One-third of states may miss truck driver rules deadline, risk losing road money," Associated Press, Jan. 2, 2012
]]>