Archive for October, 2009

Seventh Circuit Criminal Case of the Week: Of Hearsay and Bootstraps

Saturday, October 31st, 2009
The court staked out no new legal ground in its opinions last week, so I’ll just briefly describe a case that nicely illustrates a classic problem in evidence law.  Based on information provided by a confidential informant, Milwaukee police stopped a Ford Excursion on suspicion of drug activity.  Inside were Marc Cannon (the driver), David Harris (Cannon’s cousin), [...]

Washington Minor DUI Arrests and the need for an Attorney

Saturday, October 31st, 2009
Seattle, Washington. Did you know there is a Minor DUI crime in Washington State? It is a misdemeanor which means the maximum fine is $1,000 and the maximum time in jail is only 90 days. However, any...

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Conference on the Wisconsin Supreme Court: Review and Preview

Saturday, October 31st, 2009
At the beginning of this semester, I proposed that the law school host a conference on the Wisconsin Supreme Court. Dean Kearney lent his support and we were fortunate enough to obtain the co-sponsorship of the Appellate Practice section of the State Bar of Wisconsin. So yesterday we hosted a sold out gathering of over 100 [...]

University of California Research Suggests that Bad Driving is Genetic

Friday, October 30th, 2009

A small study conducted by researchers at the University of California, Irvine seems to suggest that some people are genetically bad drivers. The research suggests that individuals with a certain gene variant, are less likely to stay on the roads as well as other who don’t have the particular variant.

It is a small study involving just 29 individuals, and it’s far too early to draw any conclusions about how much our genes have to do with poor driving behavior. The study included 22 people without the “bad driving” gene and 7 persons with the gene. These individuals drove 15 laps on a simulator, they were required to learn to drive on a track, which has several sharp curves and turns. The participants were measured on how well they managed to stay on the track. The stimulated test was repeated four days later. The researchers found that participants with the bad driving gene performed 20 percent worse on the stimulation tests, compared to participants who did not have the gene variant. The researchers found the same results on the follow up test four days later.

The researchers believe that the variant gene restricts the availability of a protein called brain derived neurotrophic factor (BDNF). The BDNF protein supports brain cell communication. When a person is working on a task, the BDNF is secreted in the area of the brain that’s connected with that particular task, encouraging the body to respond accordingly. When the gene is limited, there is less BDNF secretion in the area connected with driving, and therefore, these people are more likely to make driving errors. They also seem to forget what they learned when they return to the task after a while.

The researchers are intrigued by the findings, and say that it’s worth studying the genetics of the people involved in car accidents. Accident rates can be studied to see if these are higher in persons who have the gene variant.

Like we said earlier, it’s too early to make any conclusions about bad driving behavior and genes. As California personal injury lawyers who represent victims of auto accidents, we come across more than our share of bad driving. Most of the time these driving behaviors are completely avoidable. For instance, impaired driving has nothing to do with genes, but contributes to thousands of deaths every year. Speeding is another major factor in auto accidents, and is entirely preventable behavior. However, we are always keen to know about any new research involving road safety, and the study, it seems, if taken further, could come up with some interesting results.  Research into accident causes and factors can help us understand the reasons for the fatalities occur every year in these accidents, and helps federal agencies set safer standards that can prevent such accidents.

Persons injured in auto accidents may be able to recover compensation for their medical expenses, lost wages, pain and suffering, lost future wages in case they can’t go back to their former jobs and other benefits. A California accident auto lawyer can help determine the kind of benefits victims are eligible for.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of motor vehicle accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Study Warns of Dangers of Car Seats when Used Outside the Car

Friday, October 30th, 2009

As California product liability lawyers, we can’t stress enough the importance of restraining your child in a car safety seat, and encourage parents to make sure that their children are restrained properly in well-made car safety seats. However, a new study shows that the newer car seat systems, which allow parents to use car seats not just for travel but also as a baby carrier, have led to thousands of injuries.

The study was conducted by a pediatric orthopedist Shital Parikh at Cincinnati Children’s Hospital Medical Center, and the results were announced last week at American Academic of Pediatrics annual conference in Washington. According to the study, more than 8,700 infants require emergency room treatment every year because of improper use of their car seats outside their car. The study showed that most of these injuries occurred when the car seats were used as baby carriers and placed on beds, counter tops, and tables. In some of the cases, babies suffered injuries when they were not properly buckled and fell out of their car seats. They were also injured when these car seats were placed on soft surfaces like beds.  In such cases, the toppled car seats fell over and placed the babies in danger of suffocation.

Most injuries caused by improper car seats were head injuries, fractured arms and legs. About 50 percent of the injuries occurred inside the home. In 8 percent of cases, the injuries were severe enough to require treatment in a hospital. Approximately 680 babies require treatment in the hospital. A total of three babies have died as a result of improper use of the car seats.  The study was conducted between 2003 and 2007.

According to the researchers, parents must be warned about the dangers of using car seats outside the car. Even when these car seats are used outside the car, they should be placed on hard, flat surfaces, where they are less likely to topple over.

Besides, there are other problems that can come from spending far too much time buckled into car seats. According to the American Physical Therapy Association, a new condition called “container syndrome” is being seen in babies who are placed far too long in their car seats. Symptoms of container syndrome including weakening of muscles, and heads that get flattened in shape because of too much time spent on their backs. Another study also found that babies who were buckled into car seats for too long may suffer from a lack of oxygen.  Experts suggest that these seats be used only when babies are traveling.

California defective car seat lawyers often see that babies and infants are spared serious injuries because they have been secured in their car seat. California laws require babies or young children to be either safely restrained in a child car safety seat, or buckled up depending on their age. Studies have shown that placing babies in car seats can reduce the risk of fatalities in an accident by 75 percent. However, it’s also important to ensure that babies are restrained properly. Improper placement of the car seat can actually increase the chances of serious injuries.  Defective car seats can also increase the risk of serious injuries.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of defective child seats. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Chicago Police Chase Leads to Fatality

Friday, October 30th, 2009

A Chicago Police chase ended tragically last Wednesday when the vehicle being pursued by police lost control and collided with concrete construction barrier in Chicago’s Illinois Medical District neighborhood. The chase occurred around 5:00 a.m. on October 28th when Harrison District police officers responded to a call of suspicious activity at the 1100 block of South Karlov Ave. in Chicago. Authorities were responding to a report of suspicious activity at the location involving alleged car thefts. When they arrived the police observed one individual peaking into parked vehicles while the others were in a nearby parked car. When the officers attempted to confront the men they fled in the parked vehicle.

The officers pursued the fleeing gray Chevy Lumina which quickly pulled onto the expressway. The police followed the car down the eastbound Eisenhower until it crashed at Paulina and Congress Parkway. According to Chicago Police, the vehicle lost control on wet pavement, collided with a concrete construction barrier and finally veered off the road hitting several trees. Keirre Roberts, a 23 year-old passenger in the car, was pronounced dead at 5:51 a.m. at Chicago’s Stroger Hospital. Two other men were also taken to Stroger where they were listed in serious to critical condition. One of the men in the car fled the scene of the crash and was apprehended shortly thereafter. The driver of the vehicle faces criminal charges and traffic citations.

Chicago area motor vehicle accidents can be deadly when they occur at high speeds. If you have any questions involving car accidents or would otherwise like to speak to an attorney, please click here.