Honolulu Personal Injury Lawyer - oahu

CPSC Chair Tenenbaum Seeks China's Help In Paying Chinese Drywall Claims in U.S.

Wayne Parsons — Fri, 16 Oct 2009 10:57:14 GMT

The story of ruined homes, hopes and dreams in the U.S. Southeast has been raging in the news for almost a year: Drywall From China Causes Concern Over Sulfur Odor In Homes - by Wayne Parsons January 02, 2009. The first question that comes to mind for an attorney like me is how do you get a company in China to pay for damage that their product causes in the U.S. Defective Product Accountability for Foreign Manufacturers by Joe Saunders.

So how does the first woman who contacted me about Chinese Drywall in her home in Florida get the money to fix her problem? She was a single mother with a little girl and a new home tha reeked of sulfur smells to the point it made them both physically ill. The builder of the home was gone and probably bankrupt. To solve the problem, all of the drywall in the home would have to be removed and replaced. Think about it. That removing and replacing all of the walls in the house is a huge _ and expensive _ task. Well lawyers across the Southeast are filing lawsuits for aggrieved homeowners, but collecting any money may be an entirely different matter. It would be great if the U.S. Chamber of Commerce would stop its lobbying for insurance company behemoths like AIG and start helping Americans who are hurt get justice. But then all the U.S. Chamber of Commerce cares about is keeping the executive bonuses rolling in to the insurance industry fat cats. To heck with a single mother and her daughter in ruined home in Florida. She's nobody to them.

Lucky for all of us, President Obama has appointed some consumer advocates to agencies like the Consumer Product Safety Commission. After 16 years of Presidents Clinton and Bush ordering consumer and environmental agencies to back off regulating commerce and protecting the environment, there are signs of life in federal agencies that protect American consumers.

The Wall Street Journal (10/16, A3, Trottman) reports that in an interview prior to her trip next week to China for a consumer product safety summit, Consumer Product Safety Commission Chairman Inez Tenenbaum said she intends to ask China to assist in paying for damage caused in US homes by defective Chinese drywall. Said Tenenbaum, "I will find out if any discussions are going on in China about the costs, are they prepared to participate in providing funds, and what would it take for that to occur." She also intends to discuss a US regulatory standard for drywall composition.

Fallon denies motion to shift discovery to the Hague. The New Orleans Times-Picayune (10/15, Mowbray) reported, "U.S. District Court Judge Eldon Fallon denied a motion Thursday by the German company Knauf Gips to conduct discovery in the Chinese drywall litigation under the rules of international litigation in the Hague. Plaintiffs and U.S. companies view the move as a sign that Fallon, the judge presiding over the national consolidated litigation over Chinese drywall in New Orleans, will fight to hold foreign manufacturers of Chinese drywall accountable."

The Bradenton (FL) Herald (10/16, Marsteller) reports that Fallon "said he will not dismiss several suits against Knauf Gips KG," a German drywall manufacturer "that says it has nothing to do with Chinese drywall." Knauf Gips "argued the suits against it should be dismissed, saying U.S. courts lack jurisdiction because the company is based in Germany and has no business dealings in the United States." But Fallon said that "the company's request would jeopardize plans to hold the first 'bellwether' trial in January."

ABC World News (10/15, story 10, 2:10, Gibson) reported, "A federal court in New Orleans held a hearing today about a growing problem for tens of thousands of American families. They have filed lawsuits alleging that drywall, made in China, is defective, ruining their homes and their health, and now some are finding their homeowners insurance is being canceled because of it." Desperate homeowners "are trying everything. Many are suing their builders and drywall manufacturers. And some have tried making insurance claims to get compensated, but insurance companies say their contracts clearly state they're not responsible for construction defects."

CBS /AP (10/15) reported, "Thousands of homeowners nationwide who bought new houses constructed from [Chinese drywall] are finding their hopes dashed, their lives in limbo. And officials warn that cases...in which insurers drop policies or send notices of non renewal based on the presence of the Chinese drywall will become rampant as insurance companies process the hundreds of claims in the pipeline." Because mortgage companies "require homeowners to insure their properties, they are then at risk of foreclosure, yet no law prevents the cancellations."

Nelson blasts move. Sarasota (FL) Herald Tribune (10/16, Kessler) reports, "U.S. Sen. Bill Nelson, D-Fla., lashed out at some of Florida's top insurance companies Thursday in response to several of them starting to drop coverage for homeowners who have tainted Chinese drywall." Nelson "fired off a number of letters to Florida companies," in one of which he "demanded that Bradley Meier, chief executive of Universal Property and Casualty Insurance Co. - one of the companies that has started dropping Chinese drywall victims - immediately provide 'a statement regarding your company's policy on claims and coverage relating to contaminated Chinese drywall.'"

Insurance reform is absolutely necessary in the U.S. as is now becoming apparant to all of us as the true facts of what is wrong with health care in America traces to the marble facades of the huge insurnace companies that dominate politics in Congress with their unlimited lobbying money.

Originally posted at InjuryBoard by Wayne Parsons

Why Did Kenneth Richard Owens' Parachute Fail To Open?

Wayne Parsons — Wed, 14 Oct 2009 05:27:55 GMT

In a tragic story, Kenneth Richard Owens is dead today after his parachute failed to open during a sky dive on the North Shore Monday. Owens, a 27-year-old Pearl Harbor-based Navy diver, was set to deploy today and so this was a last bit of fun before he left to defend the country. I cannot imagine there grief and shock family is going through. All of these soldiers are true hero's for defending the country and when a death occurs in a domestic situation like this it is shocking and doesn't seem fair to me. Last year I represented the family of Ethan Ranz, a war hero from Fertile, Minnesota after he was killed by a drunk driver, 5 days before his discharge and return to his parents home. I cannot imagine a sadder situation. In a small way have seen what the Owens family is going through and I know that there are no easy answers for them.

According to the Star Bulletin story, by Gary T. Kubota and Leila Fujimori Owens had made dozens of jumps since August 2008. He fell 13,000 feet without his parachute opening and was found in Mokuleia.

Owens is believed to be married and have a child. He is from West Chatham, Massachusetts and his parents are David and Mary Owens of West Chatham. Our condolences go out to the family.

The FAA is investigating the circumstances surrounding the accident. According to the Honolulu Star Bulletin investigation:

Owens was in a four-person formation when his main parachute failed to open due to what Hinshaw said was a packing error. "He had a high-speed malfunction, but he should have responded by opening up his reserve."

Hinshaw said Owens was sports-jumping with three others and was on his third jump of the day.

Owens landed in a pond on Dillingham Ranch, authorities said. Skydive Hawaii employees pulled Owens from the pond about five minutes later.

The other three divers landed safely at Dillingham Airfield and gave reports to police, Hinshaw said.

The call came into the Fire Department at 12:27 p.m., and police and fire officials got to the scene quickly and began resuscitation efforts. Owens wa then taken by ambulance to Wahiawa General Hospital.

Owens had 85 to 95 jumps according Skydive Hawaii:

"I remember I congratulated him when he graduated his student program," around September 2008, and he had started sky-diving in August 2008, he said.

"He was a together guy," Hinshaw said. "He seemed to have his wits about him and command over all his facilities. He's a nice, pleasant guy."

"Skydive Hawaii regrets the loss of his life and mourns the loss with his family and friends. ... He had so much potential," Hinshaw said.

Owens packed his own parachute but carried a reserve parachute that was packed by a professional rigger, Hinshaw said.

"It's rare that someone would have a total malfunction and not deploy their reserve parachute," he said.

Hinshaw understands why Owens used his last day before shipping out to go sky-diving. "The people that kind of get addicted to sky diving, you want the adrenaline, where sky diving does give you the adrenaline," he said. "It's something that's very enjoyable.

"He was a wonderful young man," he said. "He was just enjoying life."

The statistics show that injury or death in skydiving is rare. It is actually a pretty safe sport according to the book "Jump! Make Your First Skydive Fun and Easy" by Tom Buchanan:

USPA data for 2000 shows that there were 32 fatalities, and there were 34,217 members of the organization that year. Using these figures defines a fatality rate of 1 per 1,069 members. The fatality numbers will vary significantly from year to year, but a ten year average of data collected between 1991 and 2000 shows one skydiving death was recorded for every 903 members. USPA single year data also show that members made an estimated 2,244,165 jumps in the year 2000, presenting a fatality rate of one death for each 70,130 skydives that year.

The President of Skydive Hawaii, talking to KGMG television news speculated that the problem may be from Owens packing his parachute:

"He did have a good amount of knowledge of sky-diving, he packed his own chute, he was certified to jump by himself," said Frank Hinshaw of Skydive Hawaii.

The 27-year-old and three friends had gone up with Skydive Hawaii, a company Owens first jumped with last year. Hinshaw says Owens used his own chute and packed it himself. Everything was fine during the group's first two jumps earlier in the day, but the third jump ended in tragedy.

The FAA and police are investigating but Hinshaw speculates the chute may not have been packed properly.

"He made a problem in his packing procedure and probably didn't close main parachute properly," Hinshaw guessed.

A skydiving expert tells us a jumper is taught to aim for water if half of the parachute malfunctions, but the water didn't cushion Owens' fall; his main and reserve parachutes failed to deploy

Something doesn't add up for me. Owens was plenty experienced and, I think, unlikely to screw up packing his parachute. I wonder who owned the parachute and whether if may have been defective. First the FAA will investigate and they we can look more closely at the situation. Anyone with information is welcome to Comment.

Originally posted at InjuryBoard by Wayne Parsons

Separate Wahiawa And Kunia Motorcycle Crashes Leave One Dead And One Critical

Wayne Parsons — Wed, 14 Oct 2009 04:22:31 GMT

The motorcycle was headed toward Haleiwa at about 1:15 p.m., just past Wahiawa, when it crossed the centerline on a curve on Kaukonahua Road and crashed into an oncoming car one mile past Wilikina Drive.

Going to Haleiwa ia always a beautiful way to spend the day but something went terribly wrong for the 29-year-old motorcycle driver. Whether it was speed, a problem with the motorcycle or inattention is not yet known. What is known is the deaths and serious injury on motorcycles continues to rise on Oahu this year. I have written several times this year on the subject of why motorcycles crash. Federal Highway Administration Studies Cause Of Motorcycle Crashes by Wayne Parsons, October 10, 2009 According to the Honolulu Star Bulletin News story:

Police said the motorcyclist was Haleiwa-bound at 1:13 p.m. when he failed to negotiate a bend in Kaukonahua Road and smashed into an oncoming car about a mile past Wilikina Drive. The man died at the scene. Police said he was wearing a helmet.

The other vehicle was a Chrysler sedan with 4 people in it and it was being driven by a 24-year-old woman. No one in the sedan was physically injured but you can imagine that a collision like this would leave permanent mental scars.

We have now had 42 deaths in traffic accidents on Oahu this year compared to 36 at this time last year. Why is that? Is it speed? Traffic? On the day of the Kaukonahua Road crash, another motorcyclist crashed in Kunia and was in critical condition last night. The second motorcycle accident happened at about 8 p.m. on Kunia Road near Kupuna Loop according to police. The motorcyclist is his late 50s and was taken to Hawaii Medical Center West.

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The reasons for these incidents is under investigation. If you know anything about the incidents please let us know.

Originally posted at InjuryBoard by Wayne Parsons

Federal Highway Administration Studies Cause Of Motorcycle Crashes

Wayne Parsons — Sat, 10 Oct 2009 18:30:00 GMT

Hawaii247 reports that the Federal Highway Administration is conducting an ambitious new study to better understand and prevent motorcycle crashes, Administrator Victor Mendez announced.

Between 1997 and 2008, motorcycle rider fatalities increased from 2,116 to 5,290 - a 150 percent jump, according to U.S. Department of Transportation's Fatality Analysis Reporting System. In 2008 alone, deaths due to motorcycle crashes rose by an estimated 2.2 percent while all other vehicle classes saw reductions in fatalities.

Motorcycles are one of the highest-risk groups on on our streets and highways with nearly 5,300 motorcycle riders dead in roadway crashes in 2008, accounting for 14 percent of all traffic fatalities. 96,000 were injured. In 2008 alone, deaths due to motorcycle crashes rose by an estimated 2.2 percent while all other vehicle classes saw reductions in fatalities.

“Having a better understanding of what causes these crashes will help us improve roadway safety for everyone,” Mendez said. “Keeping people safe on America’s roads is Secretary LaHood’s top priority at the Department of Transportation.”

The new motorcycle crash causation study is the first in-depth analysis of motorcycle safety in 30 years. A provision in the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU) requires the study, which will be conducted by the FHWA in partnership with the Oklahoma State University.

The Oklahoma Transportation Center is one of the U.S. Department of Transportation’s 10 National University Transportation Centers, and it receives federal grants to conduct transportation research.

“OSU is delighted to be the lead research institution for this important study,” said Dr. Alan Tree, associate dean for research in OSU’s College of Engineering, Architecture and Technology. “We expect very significant, scientifically valid results to emerge from this work and look forward to a very positive final outcome.”

Factors evaluated in the study include road configurations, environmental conditions and rider experience.

The study’s focus is to look at how these factors may be affected by countermeasures that, if effectively implemented, will prevent motorcycle crashes or lessen the harm when they occur. Prevention is a goal.

The National Highway Traffic Safety Administration (NHTSA) conducted a motorcycle causation study in 1981.

Hawaii has been among the states seeing high rates of motorcycle injury and death.

Motorcycle Deaths Skyrocket On Oahu by Wayne Parsons April 12, 2009

Originally posted at InjuryBoard by Wayne Parsons

Do Private Health Insurance Practices Causes Decline In Health Care Quality?

Wayne Parsons — Sat, 10 Oct 2009 11:08:11 GMT

Science Daily reports on 09 October 2009 that "[t]he cost and quality of health care, as well as access to care and health outcomes, continue to vary widely among states, according to the Commonwealth Fund Commission " The Commonwealth Fund Commission is a private foundation working toward a high performance health system. This is it's second rating of the various states. In their report "Aiming Higher: Results from a State Scorecard on Health System Performance, 2009".

Leading states in the 2007 report still lead, disparities are great and the gap is widening. That means the quality of your health care depends on where you live in the United States. That's why we need national health care and a public option. I suspect that the driving factor in this is the insurance company denials of paying for quality and necessary treatment and tests. It isn't that we have too much health care in the form of rampant defensive medicine. Its that some adjuster at a big insurance company is denying a lot of patients and their doctors necessary treatment. This rationing of medical care by private health insurance companies is making America sick. The report confirms my support for a single payer public plan for health insurance, AND reform of insurance law and strict regulation of private insurance companies.

Since the beginning of the decade, insurance coverage in most states has been eroding for adults while increasing or holding steady for children. This divergence reflects the impact of federal action to expand coverage for children through the Children's Health Insurance Program (CHIP); rates of uninsured children in 2008 were the lowest since 1987. Nevertheless, high and rising rates of uninsured adults in many states underscore the need for comprehensive national reform to expand coverage in all states, and to further the gains made in Massachusetts, Vermont, and other states that have taken a lead in enacting reforms.

Private health insurance in the United States has failed. While the insurance industry is hugely profitable, the doctors are not being fairly reimbursed for treatments and the CFO's of the insurance companies are directing widespread denials of treatment to patients. Who are these insurance executives anyway? They aren't doctors so why can they make treatment decisions? It isn't defensive medicine that is a problem, its the money hungry insurance executives that are hurting people. Maybe they could use a good dose of lawsuit abuse.

While health insurance coverage for adults declined in a majority of states, the only improvements occurred when government support was implemented such as in health coverage for children. The Children's Health Insurance Program (CHIP).

A new bill signed into law by President Obama makes millions of children eligible to receive health insurance.

If your kids do not have health insurance, they are likely to be eligible, even if you are working and even if you have applied in the past and been turned down.

Your state (and every state) has its own program, with its own eligibility rules, but in many states, uninsured children 18 years old and younger, whose families earn up to $44,500 a year (for a family of four) are eligible for free or low-cost health insurance that pays for

Doctor visits, Dental care, Prescription medicines, Hospitalizations and much more.

Find out if your child qualifies.
Go to Your State's Program or make a free call to 1-877-KIDS-NOW.

Looking at overall health care in 2009, Vermont, Hawaii, Iowa, Minnesota, Maine, and New Hampshire lead the nation and these states set new standards on most indicators. Conversely, low states have declined in most areas.

"Leading states have raised the bar for better access, quality of care, and reducing disparities," said Commonwealth Fund Senior Vice President and study co-author Cathy Schoen. "Where you live in the U.S. matters in terms of your health care, and it shouldn't. These wide and persistent gaps among states highlight the need for national reforms and federal action to support states. National leadership has been critical for children– particularly for states with historically high rates of children uninsured— so we know that strong national efforts can make a real difference even in struggling states."

The sharp variation across states spans access, quality of care, costs, and lives. For example, rates of hospital readmissions (within 30 days of a previous hospital stay) among Medicare beneficiaries ranged from a high of 23 percent of hospital admissions in Nevada to a low of 13 percent in Oregon. The percent of adult diabetics getting recommended preventive care ranged from a low of 33 percent in Mississippi to a high of 67 percent in Minnesota as of 2006-07, a new high. On these and other measures, the lowest ranked states would have to improve 40 percent to 100 percent on average to achieve the performance of top ranking states.

Here's what would happen if the low states caught up:

Twenty-nine million more people would have health insurance—cutting the number of uninsured by more than half;

Nearly 78,000 fewer adults and children would die prematurely every year from conditions that could have been prevented with timely and effective health care;

Nine million more adults age 50 and older would receive recommended preventive care, and almost 800,000 more children would receive key vaccinations;

Five billion dollars could be saved annually by avoiding preventable hospital admissions and readmissions for vulnerable elderly and disabled residents.

It isn't all bad news. Most states improved in treatment for heart attack, heart failure, pneumonia, and prevention of surgical complications. And the lowest states have improved in some areas to what the average was in 2007. In addition, most states improved significantly in the quality of care in nursing homes (reductions in pressure sores, pain, and use of restraints) following a national effort to make that data publicly available. Wouldn't it be nice if the reason was that doctors and nurses made this improvement on their own? Why does it only happen when the poor quality is exposed to public view. lawsuits and news stories are the only tools that force change. That's why tort reform has no place in health care reform.

"The differences we see among the states translate to real lives and dollars," said Commonwealth Fund President Karen Davis. "If we can enact health reforms that give all states the opportunity to do as well as the best states we will save lives, improve quality, and cut costs. And, the good news is that these aren't pie in the sky goals—we know they are attainable because we see it happening in the states at the top of the pack."

Here are the declines in health insurance coverage from the private sector:

In 1999-2000 there were only two states with 23 percent or more of adults uninsured, by 2007-2008 there were nine. In 1999-2000, 22 states had less than 14 percent of adults uninsured; by 2007-2008 the number dropped to only 11 states. Children fared much better—due in large part to the CHIP program. The number of states with 16 percent or more of children uninsured dropped from nine to three between 1999-2000 and 2007-2008.

Gaps in coverage between states were particularly stark, with 32 percent of working-age adults uninsured in Texas compared to only 7 percent in Massachusetts as of 2007-2008. Several states stood out in terms of health insurance coverage expansions, as part of comprehensive reforms. Massachusetts, which had only begun to implement its universal health insurance program during the period covered by the State Scorecard, had the greatest increase in coverage for adults and gains in coverage for children. The reforms passed by Vermont in 2006 to cover the uninsured and establish a "blueprint for health" focused on preventing and controlling chronic disease are providing a new model for other states. And, Minnesota has achieved high rates of adult coverage and better preventive care through public–private collaboration.

The 2009 state scorecard includes 38 indicators grouped into five dimensions of performance—access, prevention/treatment quality, avoidable hospital use and costs, equity, and healthy lives. The analysis ranks states on each indicator and then averages the indicator ranks to determine the dimension rank. Dimension scores determine the overall rank. Equity measures the gaps in performance between vulnerable groups and the national average.

The Commonwealth Fund is a private foundation supporting independent research on health policy reform and a high performance health system.

Hawaii health care is at the top of this review and is an example of how to do things right. A separate report gives details of 7 top states and why they rank at the top: "Aiming Higher for Health System Performance: A Profile of Seven States That Perform Well on The Commonwealth Fund's 2009 State Scorecard".

Hawaii: An Early Quest for Coverage

Hawaii has one of the healthiest populations in the nation, as measured by the Commonwealth Fund’s
State Scorecard on Health System Performance, 2009 (Table 5). Compared with most states, fewer people in Hawaii smoke and are overweight or obese, and more people are engaged in regular physical activity, which is not a surprise given the state’s natural beauty and diverse geography. However, Hawaii also has its share of health-related challenges. For example, Hawaii has the highest incidence of breast cancer of all 50 states, but it also has the lowest death rates for breast cancer. How is that possible? Hawaii’s residents have excellent access to primary and preventive care, say the states health experts, and that reduces preventable mortality and enables early identification and management of chronic disease.

Hawaii also has had mandatory health insurance for all employees since 1974 and that system is singularly distinguishable across the country. If you wonder how our little states can afford this, it actually saves money because with everyone in the system the numbers make the insurance side of the system more efficient just like national health insurance reform would do in a single payer public plan.

Originally posted at InjuryBoard by Wayne Parsons

Propane Tanker Truck Rolls Over On Malakole Street In Campbell Industrial Park - Driver Hurt.

Wayne Parsons — Sat, 10 Oct 2009 10:04:33 GMT

Yesterday I blogged about a KITV News story about a gas comapny propane truck mysteriously turning over in Campbell Industrial Park. Initial reports didn't make sense. Neither did my article. Now I have

The propane truck, owned by the Gas Company, and shown above, collided with a dump truck and overturned. The dump truck was exiting an asphalt company on Malakole Street near Hanua Street at about 1:15 p.m., said Honolulu fire Capt. Terry Seelig. Firefighters sealed off the area and confirmed no propane was released.

Seelig said the propane truck driver was treated for injuries that were not critical. He added that a wrecker company righted the propane truck, and the road was reopened.

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Paramedics treated the driver and took him to a nearby hospital for further medical care.

Four Campbell Industrial Park businesses were evacuated yesterday after the 1:15 p.m. incident, said Honolulu fire Capt. Terry Seelig. Firefighters isolated the area and confirmed no propane was released. The Gas Company employee driving the propane truck wass treated for injuries that were not critical.

If you know more about this incident please contact my office.

Originally posted at InjuryBoard by Wayne Parsons

Car Hits 2 Kids On Liliha Street - Did You See It?

Wayne Parsons — Fri, 09 Oct 2009 04:58:24 GMT

Parents always worry about this call: "your son and daughter are at the hospital after being hit by a car". That is what happened this morning according to the Star Bulletin report.

Two young pre-teen children were taken to the hospital in serious condition after being struck by a car in Liliha this morning. The incident happened near 1739 Liliha Street shortly before 8 a.m. On October 8th.

A representative of the Emergency Services Department, Bryan Cheplic, said that paramedics were able to stabilize both kids and then transported them to a trauma center

We pray that the kids are okay and that the police will figure out how it happened.

No one should interview the kids other than the police and the doctors and nurses. If an insurance adjuster calls, the family should read this article before allowing any interviews or statements:

Do only dishonest people refuse to give a recorded statement? - Steve Lombardi, October 06, 2009.

In most automobile accident cases, key witnesses disappear and never tell the police what they saw or heard. If you saw this accident please call HPD and tell the police what you saw.

Do you understand why people won't talk to the police about injury accidents?

Originally posted at InjuryBoard by Wayne Parsons

Hawaii Pedestrian Crosswalk Injuries: Should Mid-Block Crosswalks Be Eliminated

Wayne Parsons — Wed, 07 Oct 2009 03:30:25 GMT

A jury trial is beginning on 07 October 2009 against the City & County of Honolulu involving a pedestrian injured by a car at a mid-block crosswalk. We have had a rash of crosswalk injury and dietary cases on Oahu going back 10 years. I have written many articles the subject trying to raise public awareness and perhaps get ideas that will prevent pedestrian injury and death at crosswalks.

Mid-block crosswalks are dangerous. I represent a lady who was struck full force at a King Street crosswalk by an elderly driver. It was mid-day, bright and dry. Why do these terrible collisions happen? Hood to hip. The pedestrian always loses.

Here is what the traffic engineering safety experts have to say about mid-block cross walks:

It has been argued that providing signs and markings at crossing locations gives pedestrians a false sense of security.

Transportation Research Board

National authorities recommend against their use at all:

The traditional consensus among traffic engineers is that at-grade mid-block crosswalks are typically undesirable. However, both pedestrian walking behaviors and public demand can create pressures for the installation of a mid-block pedestrian crossing. Grade separated pedestrian crossings, can be costly and are often under utilized after construction.

According to Walking Info studies using National Highway Traffic Safety Administration methods in the early 1970s, and improved in the early 1990s, was refined and used to determine the crash types for more than 5,000 pedestrian crashes in six states.

The results showed that the mid-block events were the second major grouping of crash types and accounted for 26.5 percent of all crashes. Among this group, the most commonly crash type (1/3 of all) was the “mid-block dash” where a pedestrian would run into the street and the motorist’s view was not obstructed. Another 17 percent of these crashes were “dart-outs,” where the pedestrian ran or walked into the street, but the motorist’s view was obstructed until just before the impact.

According to “Law Enforcement, Pedestrian Safety, and Driver Compliance with Crosswalk Laws,” Transportation Research Record 1485.

Although not targeted solely at mid-block crossings, a Seattle study found enforcement was rather ineffective in getting vehicles to stop for pedestrians.

Those are the conclusions, and here are some engineering facts that explain the problem as an engineer sees it:

Even when a mid-block crosswalk is noticed by the driver, proper visual scanning of the crosswalk requires the driver to check both ends of the crosswalk for pedestrians about to cross the road. Even assuming very short glances, on the order of 1 second to each side of the crosswalk and a half second glance back to forward traffic in between, at 11 m/s (25 mph), the vehicle would travel 27 m while the driver was scanning the crosswalk, and it would need another 9-12 m of distance under modest to hard braking to stop the vehicle should a pedestrian be spotted. This means that the driver would theoretically need to notice the mid-block crosswalk 38 m (124 ft) before reaching it, and have a clear view of both sides of crosswalk from that distance to effectively scan for pedestrians. With parked cars blocking the view and in high pedestrian areas, this becomes even more challenging, as the driver needs to pick out pedestrians waiting or headed toward the crosswalk from those walking past the crosswalk on the sidewalk.

Fortunately, mid-block crosswalks provide for the easiest countermeasures such as in-pavement LED systems (IRWL) to highlight the existence of a mid-block crosswalk and pedestrian. Since all the vehicles on the road need to stop, simply illuminating the crosswalk using one of the pedestrian activated in-pavement LED systems has been shown to dramatically increase the visibility of the mid-block crosswalk and the likelihood that drivers will stop for pedestrians (Hakkert, Gitelman, and Ben-Shabat, 2002).

Pedestrian Warning Human Factors Considerations - Christopher Nowakowski

December 2005

My prior articles provide background on the problem in Hawaii. The Hawaii Pedestrian Crosswalk Safety Chronicles: Innovative Solution for Crosswalk Safety - by Wayne Parsons

In the future, cars will carry a warning system that includes forward collision warning, side collision warning, navigation, stopped traffic warnings, and intersection/pedestrian warnings. One topic for future research is how to format these new ITS messages and warnings. Last-second warnings are most effective when they direct what action should be taken.

Thus, for a mid-block crosswalk with a pedestrian present, the most effective warning would be simply “stop” because this tells the driver exactly what needs to be done, but it does not necessarily tell the driver why. However, in order to use this type of warning, the false alarm rate must be extremely low or the warnings will be considered a nuisance and disregarded. When more uncertainty exists and the warnings are able to be given sooner, then the warning format may focus on highlighting the threat.

One advantage of in-vehicle warnings is the potential to use sound. Sound is processed no matter where the driver is looking, but since the driver can’t tune them out, they should be used sparingly. A Driver would be overloaded by beeping and buzzing at every intersection.

Research continues on th subject but as for today should the mid-block crosswalks on Oahu be eliminated? What do you say?

Originally posted at InjuryBoard by Wayne Parsons

Chinese Drywall Home Construction Defect Cases Move Into Litigation

Wayne Parsons — Mon, 05 Oct 2009 14:18:34 GMT

The Biloxi (MS) Sun Herald (10/3, Newsom) reported, "It's believed enough Chinese drywall to build 100,000 houses was shipped to the United States as the Coast was rebuilding from Hurricane Katrina, and South Mississippi attorneys and others expect thousands of lawsuits over those products to emerge in the coming months." James R. Reeves Jr., "a Biloxi attorney representing about 90 Mississippi homeowners in the lawsuits," said that "as many as 16 companies making the drywall are owned by the Chinese government," and that he "is unaware of a legal judgment ever being enforced against that government. Reeves said most Mississippians may be a little more fortunate, though, because it appears about 90 percent of the suspected drywall here was made in Chinese factories by KPT, a subsidiary of the German-based company Knauf International GmbH, which is not owned by a government and has assets."

Lawmakers seek to hold Chinese drywall manufacturers accountable. The New Orleans Times-Picayune (10/4, Mowbray) reported, "With estimates of $3 billion of damage in Louisiana and as many as 40,000 households nationwide facing financial ruin because of toxic homes they can't afford to fix, members of Congress, officials at the U.S. Consumer Product Safety Commission and the parties to the national litigation in New Orleans are scrambling to find ways to hold about 20 foreign drywall manufacturers accountable. A bill in the U.S. Senate, the Foreign Manufacturers Legal Accountability Act of 2009, sponsored by Sens. Sheldon Whitehouse, D-R.I., and Jeff Sessions, R-Ala., would require foreign companies doing business in the United States to agree to participate in litigation in U.S. courts." Another tool "that groups such as the Consumer Federation of America think could help limit defective or dangerous foreign products would be to require overseas manufacturers to post bonds when they sell products in the United States so consumers could collect against them in the event of problems."

A 2002 Florida home could be one of first built with Chinese drywall. The Sarasota (FL) Herald Tribune (10/4, Kessler) reported on Jim and Joan Norton of Manatee County, FL, who "could very well turn out to be among the first owners to be sold a home built using Chinese drywall in Southwest Florida, and possibly anywhere." The discovery of Chinese drywall in the Nortons' 2002 home in WCI's Waterlefe Golf & River Club "could stretch out the timeline of the drywall problem, previously considered to have started in 2004, to a full seven years." WCI "has publicly claimed it did not use imported drywall prior to 2004."

A Virginia congressman toured some affected homes. WAVY-TV Portsmouth, VA (10/4, Marks) on its website reported that on Saturday, Rep. Glenn Nye (D-VA) met with Virginia Beach residents affected by Chinese drywall, toured some of their homes, and said that "he has legislation proposed to speed up the process to get money for those affected."

My eraly articles on the Chinese drywall situation spurred a lot of comments.

Drywall From China Causes Concern Over Sulfur Odor In Homes

New legislation could help homeowners sue Chinese drywall manufacturers - by Wayne Parsons, August 12, 2009.

So far no Chinese Drywall has been identified in Hawaii homes.

Originally posted at InjuryBoard by Wayne Parsons

What Do You Need To Know About Testifying?

Wayne Parsons — Sun, 04 Oct 2009 03:44:04 GMT

If you bring a claim for personal injury you will have to answer questions. The one thing your attorney can't do for you in your case is testify for you. At some point the client has to testify. Listening to my clients answer questions in my office, in depositions and at trial, I have learned the mistakes that people make when answering questions.

As you have seen in the other articles in this series, the questions come from the police, sometimes the other party at the scene of the accident, ambulance drivers, doctors, nurses, physical therapists, your attorney and her or his staff, insurance adjusters, the attorney for the other side and even the Judge. To get a good context for the various situations where you will have answer questions, I have listed links to the other articles in the series so you can see how and when these situations will arise.

What you need to know to answer any question in any situation is basically the same. The rules and suggestions that I make here apply to all situations. Before answering a question, even from your own attorney, think about the following suggestions.

You should only say what you know. And when you say what you know it is important that you explain how you got the knowledge. That's it. I could quit now and you should be fine as long as you follow those two steps. Of course it is more complicated than that I will walk you through the exact steps and thought processes that you should follow.

Let's start with an example.

Assume that you were in your car with two passengers, one in the right rear passenger seat, when a car on a cross street ran a red light and T-boned your car on the passenger side on the rear quarter panel. You did not see the car because your attention was focused forward.

Your rear passenger saw the car coming and saw the drivers face looking back into his back seat just before the collision, then looking forward and screaming at the cars collided. You saw him turning his wheel as if he wanted to swerve his car but it was too late.

In my first interview with you I ask you about the collision. You tell the story by reciting the facts that you got from your friend who saw the collision. You tell me:

I was driving at the speed limit and going through the intersection with the green light when a car came through the red light from my right and hit my car at 90 degrees on the rear quarter panel. The other driver was looking into the back seat as he ran the red light. He spun his head around just before impact, tried to swerve his car by turning the wheel but it was too late and we collided.

You get a D+ for this answer. We have a lot of work to do.

First, let me give you the rules of answering questions:

1. Listen to the question. Then stop. What I mean is don't start talking yet. Slow done.

2. Ask yourself: "What do I know about this question. Then stop.

3. You know:

what you see.

what you hear.

what you feel - touch and emotion.

what you think.

4. Stop and gather your thoughts.

5. Answer the question.

You didn't see the other driver or even the car before the collision. So what do you know about what the other driver was doing just before the collision? No, the answer isn't "I know nothing because I couldn't see the driver. You know that after the collision you spoke with your friend and he told you what he saw. What you don't know is whether his account was accurate. So just state what you know. Here's a good answer to the question:

We were headed north and I was going 30 mph. I don't recall when I looked at the speedometer but I normally look at the speedometer often to make sure I'm not speeding. I got ticketed for speeding when I was a kid and my parents busted me. I never speed!

As I approached the intersection I saw the light for my street change from red to green about 100 yards (you went back and took a look at the intersection and drove through a few times to make sure your recollection was correct). I heard no one in my car talking.

As I drove through the intersection. I saw no cars at the intersection. I was about to pass over the crosswalk on the other side when I heard a scream from the back seat of my car and, at about the same time, I heard a short screech of tires from the right rear. Then I felt a huge jolt from the right, felt my neck light up like a very intense shock wave slamming into my body. The cars spun and stopped. I checked my passengers and they said that they were okay.

While we waited for the police and ambulance, my passengers and I talked. The rear seat passenger told me that he saw the collision, saw the other driver looking into the backseat of his car just before the impact, etc. etc. He told me ......

We all talk to fast and think too little when answering questions on serious subjects, Your case is a serious subject.

The major mistake that most witnesses make is not taking the time and using the energy to add in the details about where they got the information about what happened. Adding in "i did not see it" or "my friend told me" is unbelievably important. Why? Because maybe the friend got it wrong. If that happens, and it does, you won't go down because your friend got it wrong. Your testimony is the "I didn't see ......, but my friend told me ..... ."

Always attribute your statements to where you got them

The key to answering questions is to be honest and make sure _ up front _ that the listener knows where you got the information. Remember that you are just a witness and that integrity of the civil justice system demands accurate and truthful answers to all questions. To be accurate, you must focus on what you know.

Its okay to say "I don't know" and most attorneys will advise their clients to phrase that answer as "I don't recall at this time."

This works with spouses and kids and even that conversation with yourself. Be honest. Think about what you know.

For background on all of the things a person needs to know about bringing a case for personal injury read the other articles in this series of tips and practical suggestions about what happens ina real case:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

These articles will prepare anyone for what lies ahead when they are injured or a family member or friend is killed and a claim is being being brought for money damages. Now its your turn to ask questions!

Originally posted at InjuryBoard by Wayne Parsons