Tips and Techniques for Driving in Rain

When the road is wet, the film of the water on the asphalt causes tires to lose traction. Less obvious is the fact that rain reduces driver perception — it's harder to see through the rain — and also decreases visibility through its action on headlights, windshields and the road itself. While most people know to slow down in the rain, there are definitely other tips that will help keep you, and those who share the road with you, from becoming a statistic.

•Exercise extreme caution after a long dry spell. During a dry period, engine oil and grease build up on the road over time. When mixed with water from a new rainfall, the road becomes extremely slick. Continued rainfall will eventually wash away the oil, but the first few hours can be the most dangerous.

•Allow for more travel time. You should plan to drive at a slower pace than normal when the roads are wet. Keep in mind that traffic is likely to be moving slower as well. There's also the possibility that your preplanned route may be flooded or jammed. Whatever the case, rushing equals higher risk.


•Brake earlier and with less force than you would normally. Not only does this increase the stopping distance between you and the car in front of you, it also lets the driver behind you know that you're slowing down. Also, be more meticulous about using turn signals, so that other drivers know your intentions, and take turns and curves with less speed than you would in dry conditions.

•Most of America's roads are crowned in the middle, which means that the water will run off to the sides. If possible, stay toward the middle of the road to avoid deep standing puddles.


•Don't use cruise control. If you hydroplane, there's the chance your car could actually accelerate. Cruise control also allows drivers to be less vigilant and to take their foot away from the pedals — not a great idea when reaction time is so important.

Give a truck or bus extra distance. Their extra-large tires can create enough spray to block your vision completely. Avoid passing one, but if you must pass, do it as quickly as safety allows.

SLIP AND FALL SLIDES BY COUNCIL

The House Criminal and Civil Justice Policy Council passed the "slip and fall" bill, which would shift the burden of proof in negligence cases away from businesses and more toward the injured person.

The bill, backed by major business groups such as the Florida Chamber of Commerce and National Federation of Independent Business, stems from a 2002 Florida Supreme Court decision, Owens v. Publix, where the court ruled that plaintiffs in slip and fall cases didn't have to demonstrate that store employees knew their floor was dangerous. Instead, the defendant had to show that he or she had exercised reasonable case in protecting customers.

An amendment, filed by Rep. Adam Fetterman, D-Port St. Lucie, was withdrawn after lawmakers could not agree on language. The amendment would have required that businesses that keep floor cleaning records related to an incident and maintain those records for a certain amount of time. Fetterman and bill sponsor, Rep. Gary Aubuchon, R-Cape Coral, said they would continue to work together on an amendment related to those records.

Medical Malpractice Payments Continue to Fall, Public Citizen Analysis Shows

http://www.citizen.org/
Data Show That Congress Should Focus on Curtailing Medical Errors, Not Patients’ Rights to Seek Redress for Injuries

WASHINGTON, D.C. - Fewer medical malpractice payments were made on behalf of doctors in 2009 than any year on record, according to an update of the National Practitioner Data Bank that was released this week.

The data contradict claims by some that medical malpractice litigation is to blame for rising health care costs. Changing the liability system to the detriment of patients will not curb health care costs.

The value of malpractice payments in actual (unadjusted) dollars was the lowest since 1999. Adjusted for inflation, payments were at their lowest since 1992, a Public Citizen analysis shows.

Last year was the fifth consecutive year the number of payments has fallen and the sixth straight year in which the value of payments has fallen. In contrast, U.S. health care costs have increased every year since 1965, the earliest year for which such data exist.

Between 2000 and 2009, health care spending rose 83 percent while medical malpractice payments fell 8 percent. (Both figures are in unadjusted dollars.)

A total of 10,772 payments were made on behalf of doctors in 2009, totaling $3.49 billion. That figure equals 0.14 of one percent of the Centers for Medicare and Medcaid Services’ estimated $2.5 trillion in overall U.S. health care spending for 2009.

Numerous studies have found that injuries and deaths caused by medical errors dwarf the number of actual medical malpractice payments. For example, the Institute of Medicine found in 1999 that 44,000 to 98,000 people die every year due to avoidable errors. Subsequent studies have estimated even higher casualty levels.

Proposals to set up alternative “health courts” that theoretically would compensate a greater percentage of patients in a less adversarial setting are misguided. Such a system would cost several times as much as the status quo, if administered fairly. The only way to save money would be to impose draconian limits on compensation.

“Medical malpractice payments have fallen for years and are at the lowest level on record,” said David Arkush, director of the Public Citizen’s Congress Watch division. “Litigation accounts for a miniscule fraction of health costs, small enough to be a rounding error. It is ridiculous that certain members of Congress continue to obsess about this greatly exaggerated problem. They should know better, and they should focus instead on fixing real problems like the crisis of preventable medical errors.”

The national data bank began collecting data in the fourth quarter of 1990.

To read Public Citizen’s analysis, go to http://www.citizen.org/documents/NPDBFinal.pdf

Public Citizen is a national, nonprofit public interest organization based in Washington, D.C. For more information, please visit www.citizen.org.

Toyota Gas Pedal Problems
The car manufacturer claims that the latest Toyota recall was announced because of problems with the gas pedal mechanism, which can cause the accelerator to stick, regardless of whether the car has a floormat. Toyota stated that in some instances, the gas accelerator mechanism can wear down, making the pedal more difficult to press, slower to return or stuck. The National Highway Traffic Safety Administration stated that Toyota gas pedal problems are a "serious safety issue

Toyota Recalled Models
The following recalled Toyota models have been cited in the January recall notice:

•2009-2010 RAV4, Matrix, and Corolla
•2005-2010 Avalon
•2008-2010 Highlander
•2007-2010 Tundra
•2008-2010 Sequoia
•Certain 2007-2010 Camrys

Lawmakers take texting-while-driving debate to Tallahassee
By LAURA FRAZIER | The Tampa Tribune

No fewer than a dozen bills that address cell phone use and texting while driving in the Sunshine State are on the table in Tallahassee this week, as lawmakers gather for the start of the 2010 legislative session.


Florida House Web site

PLANT CITY - You won't catch Rich Glorioso texting behind the wheel while he treks to Tallahassee.

Glorioso is one of 20 state representatives so far to co-sponsor House Bill 41, introduced in October by Rep. Doug Holder, R-Sarasota. If passed, the bill would ban Floridians from sending or receiving electronic text messages while driving.

"I don't even like to talk on the phone while I'm driving if it's a heavy conversation," Glorioso said. "And texting… it's so distracting it's as if you become a passenger in the car that you're supposed to be driving."

No fewer than a dozen bills that address cell phone use and texting while driving in the Sunshine State are on the table in Tallahassee, where lawmakers will gather Tuesday for the start of the 2010 legislative session.

Nineteen states and the District of Columbia have banned texting while driving, and the AAA Foundation for Traffic Safety is on a mission to have legislation in place by 2013 for nationwide restrictions.

The driving force behind the battle for the bans: a litany of studies that show a swell in the number of motorists who text or talk on the phone behind the wheel, and a rash of crashes reportedly caused by drivers engaged in the practice.

According to the U. S. Department of Transportation, distractions from mobile devices contribute to 6,000 deaths each year on America's highways.

Some states with mobile device bans allow the use of hands-free or Bluetooth devices. Not everyone is convinced, though, that the hands-free option is a safer approach.

Studies cited in reference to several bills under consideration contend that any kind of electronic communiqué while driving can induce inattentional blindness. The phenomenon, commonly documented in psychological literature, occurs when a person who is focused on a task at hand – in this case, texting or talking on a phone - fails to register an object that suddenly appears in their line of sight – such as a stop sign, a red light or an oncoming car.

Aside from safety issues, there may also be political and financial implications for lawmakers deciding whether to back such bans.

Sen. Charles Schumer (D-NY) introduced a bill in July that would require all states to ban texting while driving, or else lose 25 percent of their allocated federal highway funds. During a Transportation Department summit in September, Rep. Holder from Sarasota told lawmakers Florida's portion at stake comes close to $196 million.

Glorioso said a nationwide initiative might be overkill. He favors a plan at the state level that would consider texting while driving as a secondary offense, with enhanced penalties.

"If you go through a stop sign or get into an accident while you're texting, you pay an enhanced fine," he said.

There are few published evaluations of state driving laws related to cell phones, according to the AAA Foundation. Such laws could be tough to enforce as a primary offense, particularly given the popularity of hands-free and Bluetooth devices that can't be seen in use from outside the vehicle.

That's why Glorioso thinks a secondary offense law is the way to go.

"The key is enhanced penalties," he said. "If you make 'em strong enough, that will be a deterrent."

App Disables Text Function While Driving

Fewer than 5 percent of drivers age 45 or older who responded to a AAA Foundation For Traffic Safety survey admitted to texting while driving, but more than half of those aged 18 to 24 said they did. It's a big concern for parents who send novice drivers out on the road.

A new application available on some cell phones and mobile devices could tame teens' temptations to text behind the wheel.

The app, Textecution, uses GPS technology to disable texting when the phone is travelling faster than 10 miles per hour. The feature is restored once the speed is slower than 10 mph.

To learn more, go to http://www.textecution.com.

Cell Phone Laws


•A jurisdiction-wide ban on driving while talking on a hand-held cell phone is in place in seven states (California, Connecticut, New Jersey, New York, Oregon, Utah, and Washington) and the District of Columbia. Under the Utah law, violators are only charged with a secondary offense for using a cell phone if they also commit another moving violation, other than speeding.


•Cell phone use while driving a school bus is prohibited in 17 states and the District of Columbia.
The use of all phones by novice drivers is restricted in 21 states and the District of Columbia.


•Text messaging is banned for all drivers in 19 states and the District of Columbia. Novice drivers are banned from texting in nine states (Delaware, Indiana, Kansas, Maine, Mississippi, Missouri, Nebraska, Texas and West Virginia). School bus drivers are banned from texting in one state, Texas.


•Local jurisdictions may need state authority to ban cell phones. Localities that have enacted restrictions include: Oahu, Hawaii; Chicago; Brookline, Mass.; Detroit.; Santa Fe, N.M.; Brooklyn, North Olmstead, and Walton Hills, Ohio; Conshohocken, Lebanon, and West Conshohocken, Pa.; Waupaca County, Wis.; and Cheyenne, Wyo.

Source: Insurance Institute for Highway Safety


Reporter Laura Frazier can be reached at (813) 627-4767

Tire Recall

http://tinyurl.com/yz9d5of

NHTSA Campaign ID Number: 10T002

Toyo Tire Holdings of Americas, Inc. is recalling certain Nitto Terra Grappler All Terrain, size 305/50R20 120S, Toyo Open Country A/T and Toyo Proxes ST II, size 305/50R20. Some of the subject tires may have been produced with a wrinkle in the upper sidewall area of the tires. Under certain circumstances, this wrinkle may eventually lead to a crack in the sidewall. If a crack develops and is left undetected, the tire may fail, potentially causing a crash, possibly resulting in injury or death. Toyo will notify owners and replace the affected tires free of charge, which includes mounting and balancing. The safety recall is expected to begin on or about February 22, 2010. Owners may contact Nitto customer hotline at 1-888-529-8200 or Toyo customer hotline at 1-800-442-8696.

File a Complaint

NHTSA CELL PHONE POLICY DRAFT

The wireless communications industry has grown at an extraordinary rate in recent years. There are currently more than 170 million cell phone subscribers -more than half of the US. population. According to a National Highway Trafic Safety Administration survey, 6% of daylight driving time - up fmm 4% in 2000 - involves talking on the phone.
However, NHTSA’s position is that the primary responsibility of the driver has always been to operate a motor vehicle safely. It is a task that requires full attention and focus. Statistics show that all distractions, whether associated with the use of technology or not, can increase the risk of a crash.
NHTSA estimates that driver distraction contributes to about 25 percent of all police reported traffic crashes. Though all distractions are a concern, we have seen the growth of a particular distraction, namely cell phone use while driving. While the precise impact cannot be quantified, we nevertheless have concluded that the use of cell phones while driving has contributed to an increasing number of crashes, injuries and fatalities.

A significant body of research worldwide indicates that both hand-held and hands-free cell phones increase the risk of a crash. Indeed, research has demonstrated that there is little, if any, difference between the use of hand-held and hands-free phones in contributing to the risk of a crash while driving distracted. Hands-free or hand-held, we have found that the cognitive distraction is significant enough to degrade a drivers’ performance.
We recommend that drivers not use these devices when driving, except in an emergency. Moreover, we are convinced that legislation forbidding the use of handheld cell phones while driving may not be effective in improving highway safety since it will not address the problem. In fact, such legislation may erroneously imply that hands-free phones are safe to use while driving.

Senate report links diabetes drug Avandia to heart attacks

CNN) -- The diabetes drug Avandia is linked with tens of thousands of heart attacks, and drugmaker GlaxoSmithKline knew of the risks for years but worked to keep them from the public, according to a Senate committee report released Saturday.

The 334-page report by the Senate Finance Committee also criticized the Food and Drug Administration, saying that the federal agency that regulates food, tobacco and medications overlooked or overrode safety concerns found by its staff.

"Americans have a right to know there are serious health risks associated with Avandia and GlaxoSmithKline had a responsibility to tell them," said U.S. Senator Max Baucus, a Democrat and committee chairman. "Patients trust drug companies with their health and their lives and GlaxoSmithKline abused that trust."

The bipartisan report also was signed by Sen. Chuck Grassley, the top-ranking Republican on the committee.

GlaxoSmithKline rejected any assertions Saturday that the drug is not safe.

"We disagree with the conclusions in the report," company spokeswoman Nancy Pekarek told CNN. "The FDA had reviewed the data and concluded that the drug should be on the market."

Seven clinical trials on the drug prove that it is not linked to heart attacks, Pekarek said.

"None of that data shows a statistically significant correlation between Avandia and myocardial ischemia or myocardial infarction [heart attack]," she said.

Ischemia is a condition in which blood flow and oxygen are blocked from going to certain parts of the body.

The Senate committee investigation stems from concerns that Avandia and other high-profile drugs put "public safety at risk because the FDA has been too cozy with drug makers and has been regularly outmaneuvered by companies that have a financial interest in downplaying or under-exploring potential safety risks," the report states.

FDA Commissioner Margaret Hamburg said she is waiting for the recommendations of an advisory committee that will hear reports on the drug this summer.

"Meanwhile," Hamburg said in a statement, "I am reviewing the inquiry made by Senators Baucus and Grassley and I am reaching out to ensure that I have a complete understanding and awareness of all of the data and issues involved."

The Senate report was developed over the past two years by committee investigators who reviewed more than 250,000 pages of documents provided by GlaxoSmithKline, the FDA and several research institutes. Committee investigators also conducted numerous interviews and phone calls with GlaxoSmithKline, the FDA and anonymous whistleblowers.

According to the Senate report:

• FDA scientists estimated in July 2007 that Avandia was associated with approximately 83,000 heart attacks since the drug came to market.

"Had GSK considered Avandia's potential increased cardiovascular risk more seriously when the issue was first raised in 1999 ... some of these heart attacks may have been avoided," the report states.

• GlaxoSmithKline undertook attempts to undermine information critical of Avandia.

"GSK executives attempted to intimidate independent physicians, focused on strategies to minimize or misrepresent findings that Avandia may increase cardiovascular risk and sought ways to downplay findings that a competing drug might reduce cardiovascular risk," the report says.

As an example, committee investigators say they found that GlaxoSmithKline experts verified an outside study showing the cardiac problem, but the company publicly attacked the findings as incorrect.

• Two FDA safety officials sounded a clear alarm in October 2008 writing, "There is strong evidence that rosiglitazone [Avandia] confers an increased risk of [heart attacks] and heart failure compared to pioglitazone [rival drug on market]." They concluded and trials comparing the two would be "unethical and exploitive." Yet, the trial is still under way, the senators say.

GlaxoSmithKline counters that the Senate report relies on outdated information.

"In essence, the report is a compilation of information and events that took place years ago," spokeswoman Pekarek said. "There's no new data there."

The FDA has evaluated at the drug, Pekarek said, and updated product labeling in 2007 to say information on Avandia's relationship to myocardial ischemia is inconclusive.

"The FDA exists to ensure patient safety," she said. "That is their purpose."

In essence, the report is a compilation of information and events that took place years ago. There's no new data there.

--Nancy Pekarek , GlaxoSmithKline spokeswoman

RELATED TOPICS
Avandia
GlaxoSmithKline plc
Food and Drug Administration
U.S. Senate Committee on Finance
Avandia has been under scrutiny for years. The New England Journal of Medicine called the drug's safety into question in 2007. The Journal of the American Medical Association also questioned whether Avandia was safe in 2007.

"Among patients with impaired glucose tolerance or type 2 diabetes, rosiglitazone use for at least 12 months is associated with a significantly increased risk of myocardial infarction and heart failure, without a significantly increased risk of cardiovascular mortality," the AMA journal wrote, adding that the "findings have potential regulatory and clinical implications."

"Regulatory agencies ought to re-evaluate whether rosiglitazone should be allowed to remain on the market," the report said. "Health plans and physicians should not wait for regulatory actions. They should avoid using rosiglitazone in patients with diabetes who are at risk of cardiovascular events, especially since safer treatment alternatives are available."

Read the report

In 2007, an FDA panel recommended by a vote of 22-1 that Avandia should remain on the market despite an analysis showing links to increased risk of heart attack. The vote was not binding, but a suggestion to FDA regulators.

The panel also voted 20-3 at the same meeting in support of data that showed Avandia increased the risk of cardiac ischemia in patients with the most common type of diabetes.

The Senate report does not address the issue of whether Avandia should be removed from the market.

CNN's Lisa Desjardins, Saundra Young, Miriam Falco and Arthur Brice contributed to this report.

Slip, Trip and Fall Prevention
Slips, trips, and falls account for 15% of all accidental deaths, second only to automobile fatalities. They are the leading cause of accidents at CMU, accounting for 30% of all reported accidents.

What is the difference between a slip, trip, or fall? Very little, if you are the victim. The pain is the same, so it really doesn’t matter which of the three caused your accident, right? Actually, though, there really are some significant differences.

Slips occur when there is too little friction or traction between your feet and the walking surface. The most common causes of slips are wet surfaces, ice or other weather hazards, spills, and poor tread on footwear. Preventive measures include:

•Wet surfaces: Shorten your stride, walk with feet pointed out slightly, and make wider turns.
•Spills: Clean up immediately.
•Weather hazards: Walk more slowly so you can react to traction changes. Wear slip resistant shoes or boots, and dry off shoes as soon as practical after entering a building (wet shoes on dry floors are as dangerous as dry shoes on wet floors). Wear sunglasses on sunny winter days so you can more easily see slippery areas.
•Poor tread on footwear, or generally poor traction: Wear slip resistant footwear, apply abrasive strips to smooth walking surfaces, post warnings.
Trips commonly occur when you foot strikes an object and your momentum throws you off balance. To minimize the potential for this type of injury:

•Do not allow carried packages to obstruct your view.
•If glasses fog due to atmospheric changes, clear them immediately.
•Use only proven walkways.
•Close desk and file drawers when not in use.
•Report burned out or missing lights.
•Be aware of elevator threshold positions
•Report any uneven or broken pavement, sidewalks, or handrails
Falls usually take place from one level to another. One of the most common examples of this type of injury at CMU involves falling down stairs. Another involves using chairs as ladders. Preventive measures include:

•NEVER stand on a chair to reach a high object. Always use a ladder.
•When using ladders, select the proper type and size, and use it properly.
•Walk up and down stairs, and never jump from the last step.
•Use handrails.
•Walk.
•Report any unsafe conditions.

There is one more precautionary tip that applies in all these cases, and that is to PAY ATTENTION TO WHAT YOU ARE DOING. This is among the most common causes of injuries, and is the easiest to correct. The best walking surfaces and ideal weather conditions won’t be of any help if you are not watching where you are going.

Pedestrian Accidents
Florida's pleasant climate encourages walking, biking, and in-line skating — which often puts pedestrians in close proximity to cars and trucks on high-speed roadways in congested, urban environments. Too often, the results are catastrophic for pedestrians. According to the Florida Department of Transportation, our pedestrian fatality rates are among the highest in the nation.

Bicycle, pedestrian and in-line skating and running accidents often involve some type of negligence on the part of the vehicle, such as:

Driver inattention (failing to "see" the bicyclist, pedestrian, or in-line skater)
Aggressive driving, such as speeding
Failing to yield to pedestrians in crosswalks
Failing to yield to bicyclists in bike lanes

Due to the degree of impact, bicyclists and pedestrians often suffer traumatic head injuries, spinal cord injuries and fractures. Pedestrian accidents happen every day in Florida due to drunken drivers, negligent drivers distracted by cell phones, drivers running red lights, and other causes. If you or someone you care for has been struck and injured in a pedestrian accident call Philip DeBerard today to discuss your potential case.

NEW LAW SENDS BAD DRIVERS BACK TO SCHOOL

The Florida Dept. of Highway Safety and Motor Vehicles reminds motorists of a new law that went into effect with the new year. Drivers who are found to be at-fault in 3 crashes within 36 month period will be required to successfully complete a Department-approved driver improvement course that indicates behind-the-wheel training and an assessment of their driving abilities.

In an effort to make the roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course. This new law is designed to modify the behavior of some of the worst drivers.

The new law will count at-fault crashes as far back as 2007, so after Jan 1, 2010, the Department will notify any driver who causes a crash and has atleast two at-fault crashes in the preceding 36 months. The affected drivers will then be responsible for completing an approved course within 90 days in order to avoid the cancellation of their driving privilege. Each course will include a minimum of 16 hours, to include four hours of behind -the - wheel training.

The National Highway Traffic Safety Admin. estimates that the average cost of a crash in the United States is approximately $38,000. During the 36-month period ending December 31, 2008 there were 2,277 drivers with 3 or more at-fault crashes. That figure include drivers from nearly every age group. According to Department estimates, more than 1000 Florida drivers may be subject to new requirements during 2010.
www.flhsmv.gov