Beyond Summer: The Year-Round Danger of Hot Car Fatalities

While summer remains a high-risk period for children in cars, the threat of fatal heatstroke lingers throughout the year.

Tragically, while some heatstroke cases are genuine accidents (such as children inadvertently locking themselves inside a vehicle), many are entirely avoidable. Data reveals that over half of all vehicular heatstrokes occurred in the past twenty years because an adult forgot about the child in the car. Scenarios where the child dozes off, the parent intends to return shortly (but forgets), or the adult mistakenly thinks they’ve already dropped the child at daycare are increasingly prevalent. Such oversights are becoming all too frequent, highlighting an urgent need for intervention.

Heatstroke deaths of children in vehicles

According to the National Safety Council, the number of child hot car deaths in 2022 was 33. So far, in 2023, 16 deaths have been reported. On average, 38 children under 15 die yearly from heatstroke after being left in a vehicle. Nearly every state has experienced at least one death since 1998. In both 2018 and 2019, a record number of 53 children died after being left in a hot vehicle. 

NoHeatStroke.org’s examination of media reports about the 938 pediatric vehicular heatstroke deaths for 25 years (1998 through 2022) shows the following circumstances:

  •      52.61% - Forgotten by caregiver (496 children)

  •      25.29% - Gained Access on their own (237)

  •      20.28% - Knowingly left by caregiver (190)

  •      1.81% - Unknown (17)

Proactive Measures to Safeguard Our Children

  • Keep Your Car Door Locked: Kids are Inquisitive: A child’s innate curiosity means that an unlocked car (be it the doors or the trunk) can tempt them. Once inside, younger children might not know how to exit, leading to over 25% of all vehicle heatstroke deaths. It’s crucial to lock your car consistently. It’s worth noting that even on a 60-degree day, the car’s interior can soar past 100 degrees.

  •  Never Leave a Child Alone: Despite functioning air conditioning, rolled-down windows, or parking in the shade., a stationary car can become a furnace quickly. With a child’s body temperature rising five times quicker than an adult’s, what seems safe can escalate to perilous in minutes. Regardless of the duration of your absence, always bring your child along.

  • Stay Focused: The modern world bombards adults with stress and distractions, potentially contributing to these tragedies. Prioritize your children’s safety by always being aware of their presence in your car. Suggestions include placing essential items like your bag or mobile in the backseat, ensuring you check. Technological solutions such as car seat monitors and mobile apps can also send reminders if a child remains in the vehicle.

  • Be Proactive: If you spot a child alone in a vehicle, try to engage them. If they appear unwell or don’t respond, call 911 without hesitation. Most states’ Good Samaritan laws protect you if you must break a window to rescue a child. If the child seems fine, remain vigilant, locate the guardians, or use store intercoms to notify them.

  • Remember, awareness and attentiveness can save lives. Let’s work together to ensure our children’s safety, regardless of the season.

 

Safeguarding Workers: A Guide to Managing Summer Heat

As summer approaches, the Occupational Health & Safety Administration (OSHA) urges employers to strictly follow a heat safety plan, especially those where summer temperatures can be punishing. During the first few days of working in a hot climate, 50 to 70 percent of heat-related injuries occur as our bodies gradually require time to acclimate to heat. In 2020 alone, heat-induced occupational hazards resulted in 56 fatalities and 2,330 illnesses necessitating time off work, according to Bureau of Labor Statistics (BLS) data.

OSHA focuses on training for high-risk jobs such as agriculture, construction, landscaping, package delivery, oil/gas operations, indoor baking/kitchens, iron and steel mills, manufacturing, and warehouse work.

But even with a lower heat index, risks can increase due to factors like direct sunlight (which can add 15 degrees to the heat index), strenuous work, and wearing heavy protective clothing. Therefore, these elements must be considered to ensure worker safety.

How Hot is Too Hot:

Determining the threshold of occupational heat exposure is a complex process that considers many factors. The balance between body heat gained from internal exertion and external sources and the heat lost predominantly through sweating forms the core of this evaluation.

1. Personal risk factors that employers should consider when identifying potential heat hazards in the workplace include: 

  • Age: Older workers may be less tolerant to heat stress.

  • Pre-existing health conditions: Conditions such as heart disease, high blood pressure, or obesity can increase a worker's susceptibility to heat stress.

  • Level of fitness and acclimatization: Workers unfit or unacclimated to heat are at a greater risk.

  • Dehydration: Not consuming enough fluids can exacerbate the effects of heat.

  • Use of medication: Certain medications can affect the body's heat regulation.

  • ·Pregnancy: Pregnant women are particularly vulnerable to heat stress

  • Alcohol use: Alcohol can affect the body's ability to regulate temperature.

  • Protective clothing or equipment can limit sweat evaporation and, thus, body heat dissipation.

2.   To assess heat stress accurately, beyond just using a thermometer, employers can avail of the following tools:

  • An on-site Wet Bulb Globe Temperature (WBGT) meter: Recognized as the most precise method to measure the environmental impact on body temperature (Morris, 2018), it consolidates temperature, humidity, sunlight, and air movement into one singular reading. For guidance on how to use and interpret WBGT, refer to OSHA's instructions. 

  • The NIOSH/OSHA Heat App: Available on iOS and Android, this app offers a straightforward heat calculator for your device. Remember that this app only provides the heat index (HI), not the WBGT, though it does include workload guidance.

Heat Exhaustion and Stroke:

Heat Exhaustion:

  • Symptoms: Pale, moist skin; muscle cramps; fatigue; dizziness; nausea; rapid heart rate.

  • Response: Move to a cool area; drink water; apply wet towels or take a cool shower.

    Heat Stroke:

  • Symptoms: Body temperature over 103 degrees; dry skin; rapid breathing; confusion; aggressive behavior; unconsciousness.

  • Response: Call 911; move the victim to a cool place; remove unnecessary clothing; be ready to perform CPR. 

  • Do Not: Force liquids on the victim; apply alcohol to the skin.

Several resources are available to employers to identify and prevent heat hazards in the workplace.

  • OSHA's Technical Manual on Heat Stress provides comprehensive guidance on evaluating and controlling occupational heat exposure.

  • Heat-related illness training: Employers can provide training on the signs of heat-related illnesses, how to prevent them, and what to do if someone suffers from a heat-related illness

  • Regular rest breaks: Employers can schedule regular breaks for workers, especially for those doing heavy work in high-heat conditions.

  • Hydration: Employers can ensure fresh, cool water is readily available and encourage workers to drink frequently.

  • Shade or cooling stations: Providing a cool or shaded area for rest breaks can help reduce heat stress.

  • Rotation of duties: Employers can rotate job functions among workers to minimize overexertion and overexposure to heat.

  • Personal Protective Equipment (PPE): Cooling vests and specially designed clothing can help workers stay cooler in a hot environment.

  • Monitor the air temperature, air circulation, humidity, and light intensity.

  • The presence of heat sources such as ovens or furnaces and heat-absorbing surfaces like roofs and roads.

Employers must remain aware of these factors when identifying potential heat hazards in their workplace.  Employers can prevent heat hazards using several resources and strategies like training, scheduling breaks, ensuring access to hydration, providing shade or cooling stations, and rotating job functions. As summer approaches, awareness, and preparedness are key to staying safe in heat-exposed jobs.

Memorial Day 2023 - Driving Statistics and Road Safety Tips

As we prepare for Memorial Day weekend, a time of honor, remembrance, and spending time with family and friends, it's important to remember the importance of road safety during this holiday period.

The Memorial Day weekend starts at 6 p.m. on Friday, May 26th, and ends at 11:59 p.m. on Monday, May 29th.

Since many families opt for car travel during the holidays, it's essential to be diligent and cautious.  According to the National Safety Council (NSC), around 469 individuals may lose their lives on U.S. roads during this time. Additionally, celebrations involving alcohol consumption occur daily during holidays, sadly contributing to many motor vehicle crashes.

Road Safety Tips for Memorial Day Travel

  • Stay Vigilant: Be well-rested, alert, and adhere to speed limits and traffic rules. Always buckle up!

  • Designate a Sober Driver: If alcohol is part of your celebration, assign a designated driver who abstains from drinking.

  • Eliminate Distractions: Keep your focus on the road, avoiding distractions like cell phones.

  • Exercise Caution in Work Zones: Work zones require extra vigilance with many construction projects underway.

  • Maintain a Safe Following Distance: Avoid tailgating other vehicles.

  • Take Regular Breaks: Make frequent stops to rest and rejuvenate.

  • Ensure Clear Visibility: Clean your vehicle's lights and windows for better visibility, especially at night. Use headlights appropriately.

  • Keep an Eye on Your Fuel: Don't let your vehicle’s gas tank get too low. In case of car trouble, pull off the highway as far as safely possible.

  • Car Safety Kit:  Keep an emergency kit in your trunk for unexpected situations.

  • Share Your Travel Plan: Inform someone about your destination, route, and expected arrival time. If your car gets stuck, help can be dispatched along your predetermined route.

As we prepare for Memorial Day weekend, it's important to remember these statistics and tips. Let's stay focused while driving and work together to ensure everyone has a safe and enjoyable holiday.

The law firm of Patch & FitzGerald focuses on Personal Injury and Workers’ Compensation cases.  If you, or anyone you know, needs assistance, please do not hesitate to call us at 603-647-2600 or contact us online.  Always a free consultation!

Gear Up, Stay Safe: Gear and Skills for New Riders

As summer traffic increases with motorcycle enthusiasts, organizations like the National Highway Traffic Safety Administration (NHTSA) and the American Motorcycle Association urge all drivers to be vigilant. Remember, unlike motorists, motorcyclists are exposed without the protection of airbags or a car frame.

If you're new to motorcycle riding, it's important to prioritize safety by gearing up. Follow these helpful tips to ensure a safe ride.

1       Wear Protective Gear

New Hampshire is one of three states without a motorcycle helmet law, along with Illinois and Iowa.  Even though there are no helmet requirement laws in New Hampshire, numerous studies have shown that wearing a helmet reduces the chances of a devastating head injury or even death in the event of an accident.  

According to the National Safety Council (NSC), the latest estimates show helmet use decreased from 69% in 2020 to 64.9% in 2021. The observed use of DOT-compliant helmets in states with universal helmet laws was significantly higher than in states with weak or no helmet laws (86.1% compared to 53.4%).

Motorcycle Helmet

According to the Motorcycle Legal Foundation,  “A Beginner’s Guide to Types of Motorcycle Helmets,” There are six primary types of motorcycle helmets:

  • Full-face

  • Modular

  • Open-face

  • Half Helmets

  • Off-road

  • Dual-sport

Understanding the Importance of Helmet Fit

  • Choosing the Right Helmet Size: Before you search for a helmet, take a complete measurement of your head, just above your eyebrows. This measurement will guide you toward the correct helmet size, ranging from extra small to extra large.

  • Variations Among Manufacturers: Each helmet manufacturer may have slightly different fits. Consequently, a small helmet from one brand might fit like a medium from another.

Prioritizing Proper Helmet Fitting

  • Trying Before Buying: Try on a helmet before purchasing it to ensure it fits properly. Different brands can lead to varying fits, reinforcing the need for physical try-on.

  • Adjusting the Chin Strap: When wearing the helmet, adjust the chin strap to be snug but not restrictive. The ideal fit allows only two fingers between the strap and the bottom of your chin.

  • Checking for Gaps: There shouldn't be any gaps between your head and the helmet, and the fit should be snug yet comfortable. Too tight of a helmet can lead to discomfort, while a loose helmet may not provide optimal protection.

Check Safety Ratings

  • Safety Ratings – Make sure your helmet has the DOT symbol on the outside back; this means it meets Federal Motor Vehicle Safety Standard (FMVSS) No. 218.

  • Beware Of Unsafe Helmets - Unsafe helmets typically have a thickness of less than 1 inch, lack a robust foam liner, and have breakable plastic buckles instead of sturdy riveted chin straps. They often weigh under a pound, unlike DOT-compliant helmets which generally weigh around 3 pounds. Beware of helmet advertising as the "thinnest" or "lightest."

Face Protection

Windshields and most prescription eyeglasses don’t provide adequate protection. Wind, insects, and stones may be blown behind a windshield. Eyeglasses lenses should be shatterproof and impact resistant.

  • Prescription motorcycle eyeglasses, sunglasses, and goggles.     

  • Safety eyeglasses that are designed to be worn over your prescription glasses.

  • Face shields come in various designs to fit almost any helmet. A tinted shield helps avoid eye fatigue during daylight hours, but clear ones should be worn at night.

Protective Clothing

Your head isn’t the only thing you should protect while riding. Besides a helmet, the NHTSA and Motorcycle Safety Foundation (MSF) says the proper protective apparel for a motorcyclist includes a heavy-duty jacket and long pants, boots, and gloves. Reflective clothing is also highly advised for night riding. Clothes from leather or strong materials like Cordura®, Kevlar®, or ballistic nylon can provide significant protection, according to the "Hurt Report.

2.      KNOW AND IMPROVE YOUR SKILL LEVEL

Motorcycle rider training helps you learn and improve your riding skills. Take a motorcycle safety course taught by a professional.  Check with your local DMV to see if they have a required course for you or if classes may be available through the Motorcycle Safety Foundation.  You can find a local branch or take their basic e-Course accepted by many states.

Know Your Skill Level

  • If you are a novice rider, there are better times to test yourself than riding on the road in the middle of traffic. 

  • Always ride in a lane as a regular car would.  Even skilled riders shouldn’t share lanes as “lane splitting” is dangerous and a common cause of accidents.

  • Don’t rush to take your friend on your new motorcycle.  Most riders enjoy taking their friends on rides.  If not careful, you can end up face-first on the pavement. The handling and dynamics of a motorcycle are different when carrying a passenger than riding alone.

Improve Your Skill Level

Practice in an empty parking lot at low speed.  Learn to properly brake, shift gears, and steer the bike while gradually moving up to road speed.  Better to dump your bike in an empty parking lot than on the road in the middle of traffic.  Don’t expect to master any of these skills in a single day. Becoming a skilled rider takes time and practice.

 PATCH & FITZGERALD

The law firm of Patch & FitzGerald focuses on Personal Injury and Workers’ Compensation cases.  If you, or anyone you know, needs assistance, please do not hesitate to give us a call at 603-647-2600 or contact us online.  Always a free consultation!

Hitting the Streets: A Safety Guide for the Bike Season

You are one ride away from a good mood.

You are one ride away from a good mood. – Sarah Bentley

Riding a bicycle offers a fantastic opportunity for physical exercise, sightseeing, and contributing to a healthier planet by reducing carbon emissions. Nevertheless, cyclists must be aware of numerous potential risks. Often, they need to navigate roads alongside cars, and even when cycling on designated paths, there's still a chance of sustaining injuries.

Recently, the number of people who died in bike accidents has increased significantly. In 2020 there were 1,260 deaths, 44% more than in 2011. But the good news is that fewer people are hurt in bike accidents. There were 39% fewer injuries in 2020 compared to 2011. However, there were slightly more injuries in 2020 than in 2019.

Bike accidents happen more often during the warm months, from May to October. In 2020, most of these accidents happened in August, and the fewest happened in February.

Common Causes of Bicycle Accidents

Bike accidents can happen for many reasons, often involving cyclists and drivers. Here are some of the most common causes:

  • Distracted Driving or Riding: This is a significant cause of accidents in general, not just bicycle accidents. Drivers or cyclists distracted by their phones, music, or anything else need to pay more attention to the road, which can lead to accidents.

  • Dooring: This happens when a driver opens a car door in the path of an oncoming cyclist. It's often due to the driver not checking for cyclists before opening the door.

  • Right or Left Cross: This is when a car pulls out from a side street, parking lot, or driveway on the right of the cyclist, or a car from the opposite direction turns left in front of the cyclist.

  • Riding Against Traffic: Cyclists who ride against the flow of traffic can need clarification from drivers, who are surprised to see cyclists coming from that direction.

  • Poor Road Conditions: Potholes, debris, slippery surfaces due to weather, or lack of proper cycling infrastructure can all lead to accidents.

  • Speeding: Both drivers and cyclists moving too fast can cause accidents, as they may not have enough time to react to obstacles or other road users.

  • Impaired Driving or Riding: Alcohol or drug use can seriously impair a person's ability to safely drive or ride a bike.

  • Not Using Lights at Night: Cyclists who don't use lights when riding at night can be nearly invisible to drivers until it's too late.

  • Not Wearing a Helmet: While this doesn't cause accidents, not wearing a helmet can make injuries much worse when accidents do happen.

5 Essential Safety Tips for Bike RidersALWAYS WEAR A HELMET.

  1. Wearing a helmet keeps your head safe. Make sure it fits well and keep it near your bike so you remember to wear it.

  2. USE HAND SIGNALS. Learn the hand signals for turning left, right, and stopping. These help drivers know what you're going to do. Always look at the drivers to ensure they see you; never think they will stop without checking.

  3. BE EASY TO SEE. Make sure drivers can see you when you're riding your bike. Use lights at night and wear bright clothes during the day.

  4. DON'T USE HEADPHONES. Listening to music or using your phone while biking can be dangerous, and you might not hear a car horn or someone warning you about something. You can stay focused on what's happening around you.

  5. FOLLOW TRAFFIC RULES. Bike riders should follow the same rules as cars, and many accidents happen because bike riders need to follow the rules, like running red lights or going the wrong way on the street.

Remember, bicyclists have the same rights and duties as drivers of motor vehicles. (NH RSA 265:143) - Bicyclists must stop at stop signs and red lights, yield to pedestrians, and ride with traffic. Before turning right, slow and merge behind a bicyclist ahead of you.

Understanding and respecting each other's rights on the road is essential to prevent accidents and create a safer environment for everyone.

How Do I Know If My Child Is Ready To Graduate From The Booster Seat?

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When you have a child, you do anything and everything in your power to keep them safe. While you are driving putting them in a car seat while you drive is one of the best ways to do that. Then, once they are too big for the car seat, a booster seat is your next line of defense against serious car accident injuries. The question is, how do you know when your child is ready to graduate from a booster seat and ride in a normal seatbelt? Let’s find out!

Booster Seats

Research from the National Highway Traffic Safety Administration has found that booster seats reduce a child’s risk of serious injury or death during a car crash by 45 percent.

New guidelines suggest children under 4 feet 9 inches who have outgrown the child harness car seat should sit in a booster seat. 

  • Shorter than 4’9 needs a booster due to the placement of the seatbelt across the chest.

  • Under 13, continue to sit in the back seat even if no booster is needed due to the spine's development.

Child passenger safety laws vary by state. Be sure to check YOUR state’s requirements and the laws in the states you visit.  

Understanding New Hampshire Car Seat Laws

NH RSA 265:107-a

New Hampshire law requires that any child under eighteen riding as a passenger in a motor vehicle be secured by either a seat belt or a child safety seat and that any child under the age of seven is secured by an approved child restraint (RSA 265:107-a). It is the driver's responsibility to ensure that all child passengers are properly restrained. There are only four exceptions to this requirement. Children do not have to be restrained: (1) in taxis and buses, (2) in vehicles manufactured before 1968, (3) when they have physical conditions that prevent the use of seat belts or child safety seats, and (4) under certain special-education conditions.

If you fail to have a child passenger "buckle up," you face a first-offense fine of $50 and a second-offense fine of $100.

The best way to determine whether or not your child is ready to ride in a regular seat belt is to understand New Hampshire car seat laws. The law outlines what type of seat your child should ride in based on age and weight. Current car seat and booster seat laws are:

  • Children under two years of age should ride in a rear-facing car seat.

  • From 2-5 years, your child should ride in a forward-facing car seat with a chest harness. Once they are four, they can ride in a high-back booster seat.

  • Children 5+ years should ride in a booster seat with a seat belt.

There is no set age for a child to move from a booster seat to a regular seat belt. However, there is a checklist you can use to determine if it’s safe to switch.

THE BOOSTER SEAT CHECKLIST

One of the first signs that your child is ready to move from the booster seat to the regular seatbelt is when the booster seat becomes uncomfortable to ride in. Before you move them, however, here are a few items you should check off:

  • Do your child’s feet touch the floor comfortably?

  • Does your child’s back touch the back of the seat?

  • Does the seatbelt sit naturally between your child’s arm and neck?

  • Does the lap belt touch your child’s thighs?

  • Will your child sit in the seat without removing the belt?

If you can answer yes to these questions, you can safely move your child to a regular seat if they are over five years of age.

THE DANGERS OF NOT FOLLOWING CAR SEAT GUIDELINES

Following car seat laws is extremely important to your child’s safety. If they are not buckled in properly, they can suffer severe injuries and even death in a car accident. Some risks of not being buckled in properly include being thrown from the car, broken bones, head injuries, neck injuries, and back injuries. Here are some links to additional resources from the National Highway Traffic Safety Association:

·      Car Seat Glossary of Terms: Learn about vehicle and car seat parts and more.

·      Training Contacts by State for Child Passenger Safety: Find your state's Child Passenger Safety Training Contacts.

·      Car Seat Use After a Crash: Make sure you know the difference between a minor crash and a moderate to major one before deciding to use a car seat after a crash.

·      NHTSA’s Car Seat Recommendations for Children: Use these recommendations to help you choose the best meets your child’s needs.

·      Keeping Kids Safe - A Parent’s Guide to protecting children in and around cars: This booklet will help you better understand today’s vehicle safety features, car seats, and how to keep kids safe in and around vehicles.

·      Used Car Seat Safety Checklist: Consider using a second-hand car seat. If you can check off each of these statements, then it may be okay to use one.

Patch & FitzGerald Car Accident Attorneys In New Hampshire

If you are involved in a car accident in New Hampshire, you can rely on the attorneys at Patch & FitzGerald to be there for you. They have decades of experience winning cases for thousands of people throughout the state. For a free consultation call 603-647-2600 or contact us online today.

NH WORKERS’ COMPENSATION AT A GLANCE: INDEMNITY BENEFITS

Workers' compensation indemnity benefits refer to the money paid to an employee who has suffered an injury or illness related to their job. If you get injured on the job, you may be unable to work, and this can result in lost wages. Indemnity benefits are designed to compensate you for your lost income.

The amount of the payment of the indemnity benefits you receive will depend on the severity of your injury, the duration of your disability, and your average weekly wage at the time of your injury. 

Maximum and Minimum Compensation Rates:

Each July 1, the New Hampshire Department of Labor issues notice of the new maximum and minimum compensation rates. As of July 1, 2022, the average weekly wage and payment limits are as follows:

  • State's average weekly wage: $1,382.59

  • Minimum weekly payment: $414.78

  • Maximum weekly payment: $2,074.00

TYPES OF INDEMNITY BENEFITS:

  1. Temporary Total Disability (TTD) — Paid to workers who can't work temporarily due to a job injury or sickness. Benefits equal 60% of the worker's average pay, up to $2,074.00 per week (as of 2022). There's a three-day wait before payments start. If workers can't work for at least 14 days, they'll get paid for the first three days. Payments continue until the worker has finished treatment, returns to work, or can't improve more medically.

  2. Temporary Partial Disability (TPD) — Paid to workers who can return to work in a lighter or modified role. Benefits are 60% of the difference between the TTD payment and the newly modified job pay. Payments stop when the worker returns to work full-time or reaches the maximum weeks allowed by New Hampshire law (up to 262 weeks).

  3. Diminished Earning Capacity (DEC) – Paid to workers who are partially disabled but still have a work capacity may be eligible for benefits at the diminished earning capacity rate. Benefits are 60% of the difference between the employee's average weekly wage at the time of injury and 80% of New Hampshire's minimum wage at the time of the injury (up to 262 weeks).

  4. Permanent Impairment Award — Paid to workers with permanent partial impairments from a work accident, like ongoing back or neck issues or limb loss. A permanent impairment award is calculated and paid once the worker has achieved maximum medical improvement. Permanent impairment is calculated by the worker's average weekly wage multiplied by the number of weeks related to the injury's severity. New Hampshire allows a maximum of 350 weeks and is paid in a lump sum.

  5. Permanent Total Disability (PTD) — Paid to workers with serious injuries or illnesses that cause a lifelong total disability, making it impossible to return to work. In this case, workers get 60% of their average weekly pay, up to New Hampshire's maximum of $2,074 (as of 2022). Payments continue for the length of the disability.

You must file a workers' compensation claim with your employer's insurance company to get reimbursed for your lost wages. The claim process can be complex, and it's advisable to seek the help of an experienced workers' compensation attorney to guide you through the process.

Attorney John FitzGerald is a former Workers’ Compensation Hearing Officer at the New Hampshire Department of Labor and has successfully represented clients and won complex cases for over 35 years. Call us today at 603-647-2600 for a free consultation. We only get paid when you do!

April is Distracted Driving Awareness Month: A Closer Look at the Statistics

Distracted driving remains a significant concern on our roads, claiming thousands of lives and causing countless injuries yearly. Despite increased awareness and numerous campaigns to curb this dangerous behavior, many drivers continue to engage in activities that divert their attention from the road. In this blog post, we'll delve into the statistics surrounding distracted driving to illustrate the true extent of its dangers and discuss ways to combat this growing problem.

Distracted Driving by the Numbers

Fatalities from all New Hampshire highway crashes rose 20% last year to 141, resulting from 132 different fatal accidents.  According to the New Hampshire Department of Safety, 31 operators and one passenger died in motorcycle crashes last year. That’s the highest number of deaths from 2012 when the state’s current tallying system began.

According to the NHTSA, 42,915 people died in motor vehicle traffic crashes in 2021, and 7,776 pedestrian and bicycle deaths resulted from being hit by vehicles.

Explore some other notable statistics:

  • Types of distractions: The NHTSA categorizes distractions into three main types: visual (taking your eyes off the road), manual (taking your hands off the wheel), and cognitive (taking your mind off driving). Texting while driving is particularly dangerous, as it involves all three types of distractions.

  • Demographics: Young drivers are especially susceptible to distracted driving. The NHTSA reports that drivers aged 15-19 years involved in fatal crashes were more likely to be distracted than drivers in other age groups.

  • Cell phone use: A study by the National Safety Council (NSC) found that cell phone use accounts for 27% of all car crashes in the United States. Despite hands-free laws in many states, hands-free devices do not eliminate the risk of distraction, as they still require cognitive attention.

  • Reaction times: According to the Virginia Tech Transportation Institute (VTTI), drivers who text while driving are 23 times more likely to be involved in a crash or near-crash event than non-distracted drivers. Texting increases the time a driver's eyes are off the road by an average of 4.6 seconds – enough time to travel the length of a football field at 55 mph.

Combating Distracted Driving

 Addressing distracted driving requires a multi-faceted approach, combining education, technology, and legislation. Here are some strategies that can help:

  • Public awareness campaigns: Continuing to raise awareness about the dangers of distracted driving through campaigns, such as Distracted Driving Awareness Month, is crucial in changing drivers' attitudes and behaviors.

  • Legislation and enforcement: Stricter laws and consistent enforcement can help deter drivers from distracted driving. Many states have implemented hands-free laws, and some have banned texting while driving altogether.

  • Technology: New advancements in technology can help reduce distractions. For example, some vehicles now have features that disable certain functions while the car is in motion or alert drivers when they are not paying attention to the road.

  • Driver education: Incorporating distracted driving prevention into driver education programs can help instill safe driving habits in new drivers. Teaching drivers about the risks and consequences of distracted driving can encourage them to make better choices behind the wheel.

The statistics surrounding distracted driving paint a sobering picture of the dangers it poses to everyone on the road. As we continue to develop new technologies and expand our understanding of this issue, it is crucial that we remain vigilant and committed to promoting safe driving habits. By working together, we can reduce the devastating impact of distracted driving and make our roads safer for all.

If you have been injured in a motor vehicle accident at no fault of your own, It always pays to talk to an experienced personal injury attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Stay Alert, Share the Road: Watch for Motorcycles

With the return of warmer weather comes more motorcycle riders out enjoying the sunshine and fresh air. But with the return of riding season comes a renewed need for safety and awareness on the roads.  Here are some key things to keep in mind:

For Motorcyclists:

  • Perform a pre-ride check before hitting the road. Check your tires, brakes, lights, and fluid levels to ensure your motorcycle works well.

  • Wear protective gear, including helmets, gloves, boots, and a riding jacket. This will help protect you in the event of a crash.

  • Always ride sober and avoid riding while tired or distracted. Alcohol and drugs impair judgment and reaction time, making riding more dangerous.

  • Stay visible by wearing bright or reflective clothing and using your lights and signals. This will help other drivers see you on the road.

  • Practice defensive riding by anticipating other drivers' actions and being aware of your surroundings.

For Motorists:

  • Watch for motorcycles, especially when turning or changing lanes. Motorcycles are smaller and more maneuverable than cars, so they can be harder to see.

  • Always check your mirrors and blind spots before changing lanes or turning, and be aware that motorcycles may be approaching from behind.

  • Avoid distracted driving, as even a momentary lapse in attention can have deadly consequences for a motorcycle rider.

  • Give motorcycles plenty of space, and don't tailgate them, as they may need to stop suddenly or maneuver around obstacles.

  • Be patient and courteous on the road. Remember that motorcycles have just as much right to be on the road as cars and trucks. 

By following these tips and practicing safe riding and driving habits, we can help make the roads safer.  Here's to a fantastic and safe riding season ahead!

If you or a loved one has been injured in a motorcycle accident that wasn’t your fault, you need a dedicated team to help you.  It always pays to talk to an experienced personal injury attorney. Your case is much more likely to be successful if you work with an attorney you can trust. 

Patch & FitzGerald has successfully represented accident victims and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

 

Preparing For a Deposition: Why It’s Important

A deposition is a crucial stage in a personal injury case, where both parties gather information and testimonies from witnesses under oath. This testimony can have a significant impact on the outcome of your case. Therefore, it's essential to prepare adequately for your deposition. Below are tips and advice on how clients can effectively prepare for their testimony and what to expect during the process.

1          Understand the Purpose of a Deposition

The deposition occurs outside the courtroom, and the person being deposed is placed under oath. This discovery allows the parties to learn what the other party intends to say if they go to trial. It's essential to understand that the primary goal of a deposition is to gather facts and testimonies that will be used to build or defend a claim. This understanding will help you remain focused and calm throughout the deposition.

2.         Consult with Your Attorney

Your attorney is your best resource when preparing for a deposition. Depositions can help your case because your attorney will know what testimony to expect from the other party during the trial. They will help you understand the questions you're likely to be asked and guide you on how to respond effectively. Schedule a meeting with your attorney before the deposition to discuss your testimony and review your case details.  In addition, the person being deposed is being evaluated on how they would handle testimony in court.

3.         Review Relevant Documents

Reviewing relevant documents before your deposition will help refresh your memory and provide a solid foundation for answering questions during the deposition. Some of the critical documents to check are:

  •  Accident or Incident Report: If your case involves a car accident, slip and fall, or other incidents, reviewing the official report can help you recall important details, such as the date, time, location, and parties involved.

  • Medical Records: Review your medical records, including doctor's notes, diagnostic test results, treatment plans, and bills. These documents will provide crucial information about your injuries, the extent of your medical treatment, and the costs associated with your care.

  • Witness Statements: If there were any witnesses to the incident, review their written or recorded statements to refresh your memory about what they saw or heard during the event.

  • Photographs or Videos: Examine any pictures or videos taken at the accident scene, which can help you visualize and remember the details of the incident.

  • Insurance Information: Review any communications with insurance companies, including claim forms, correspondence, and policy information. This can help you recall important details about your insurance coverage and any settlement negotiations.

  • Correspondence with Opposing Party: If you have exchanged any written or electronic communications with the opposing party, review these documents to refresh your memory about the content of those conversations.

  • Your Own Written or Recorded Statements: If you provided any written or recorded statements to the police, insurance companies, or your attorney, review them to ensure your deposition testimony is consistent with your previous statements.

4.         Practice Answering Questions:

Honesty is crucial during a deposition, and giving false or misleading information can damage credibility and negatively impact your case. If you don't know the answer to a question or can't remember specific details, it's okay to say so.

 Your attorney will know what questions you will likely be asked, which will help you practice answering questions before your deposition.  Provide clear, concise, and honest answers. Remember to:

·      Listen carefully to each question.

·      Take a moment to think before responding.

·      Answer only the question asked – avoid volunteering unnecessary information.

·      Tell the truth.

5          Demonstrate Courtroom Presence:

Remember that the opposing counsel evaluates your demeanor and communication skills during the deposition. They are assessing how you would come across as a witness in court.  To effectively handle testimony in court, consider the following tips:

·      Maintain good posture and eye contact: Sit straight, make eye contact with the attorney asking the questions, and speak clearly and confidently. This will help convey credibility and trustworthiness.

·      Stay composed under pressure: Stay calm and collected during your deposition, even if the opposing attorney's questions seem aggressive or accusatory. Arguing or becoming defensive may harm your credibility.

·      Be polite and respectful: Treat everyone involved in the deposition with respect, including the opposing attorney, the court reporter, and any other attendees. Being courteous can help build rapport and make you more relatable to a jury.

·      Avoid jargon or complex language: When answering questions, use plain, straightforward language that a layperson can understand. This will make your testimony more accessible and relatable to a jury.

·      Dress Appropriately: Dress professionally and conservatively for your deposition. First impressions matter. Appearing well-groomed and put-together can help establish credibility with the opposing counsel and court reporter.

 

It always pays to talk to an experienced personal injury attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!