The National Highway Traffic and Safety Administration (NHTSA) esimates that the use of helmets saved 1,829 lives in 2008 (the date of their last major study on the subject). What is more amazing is that if all motorcyclists had worn helmets, an additional 823 lives could have been saved. The NHTSA estimates that helmets are 37-percent effective in preventing fatal injuries to motorcycle riders and 41-percent for motorcycle passengers. Translated into real numbers, this means that for every 100 motorcycle riders killed in crashes while not wearing a helmet, 37 of them could have been saved had all 100 worn helmets.

NHTSA’s studies have estimated that as of 2008 motorcycle helmet use was 63 percent. As of 2008, 20 States, the District of Columbia, and Puerto Rico required helmet use by all motorcyclists. Other States either required only a subset of motorcyclists to use helmets (such as those under age 18), or had no helmet requirement.

Justice has apparently been reached in a story worthy of a episode of the popular crim drama, “Law and Order.’’ In a real life injury actress Rosie Perez has settled her personal injury lawsuit with the producers of hit U.S. crime drama Law & Order: Special Victims Unit after suffering an accident on set in 2009.

The actress sustained back and neck area injuries and was forced to wear a brace after she was violently shaken by an extra while shooting an episode for the show.

She filed suit against the show’s production company bosses last year accusing them of negligence in allowing for the conditions for the particular stunt in question to injure her. She insisted they “recklessly and carelessly” failed to provide experienced personnel for the scene.

According to reports, earlier this week, Perez, who was seeking damages in excess of $75,000, reached an agreement with TV executives, according to her representatives. The details of the settlement have not been made public.

Police are investigating a wreck that killed one person late Sunday night. Witnesses report that around 11:30 p.m. on Interstate 71 near the Watterson Expressway, the driver of a Chevy Corvette was speeding and lost control. The car went off the shoulder and flipped several times.

A passenger in the Corvette died at the scene. The driver was taken to University of Louisville Hospital for injuries. No word on the identity of the individuals or the condition of the driver at this time.

Unfortunately for the driver of the Corvette, if witness accounts are true, depending on the outcome of the investigation, the driver may face both criminal charges arising out of this wreck and civil claims for wrongful death of the passenger. When the driver of a vehicle operates the vehicle recklessly and injures or kills a passenger, he or she may be liable for the damages.

The U.S. Food and Drug Administration (FDA) announced the recall of Michael Foods, Inc. hard-cooked eggs. None of the eggs were sold directly to the public, but instead are used in other products. The recall resulted in a domino-like effect as the retailers who used the eggs in their products, typically salads, began recalling their products. This includes 5.6 oz. plastic containers of Thornton’s Quick Café Chef Salad with an Enjoy By date through2/4/2012 bearing the establishment number P-38518 inside the USDA mark of inspection. These were distributed in Kentucky.

The recall resulted from fears of Listeria monocytogenes contamination. Listeria monocytogenes is a bacterium that can lead to listeriosis. The very young, very elderly and frail and others with poor immune systems are particularly vulnerable. Symptoms of infection can include fever, nausea, stiffness, headaches, diarrhea and abdominal pain. Stillbirths and miscarriages in pregnant women can result from Listeria infection.

Contaminated food is responsible for many injuries and deaths nationwide. Our profession calls this area of law products liability. Consulting an attorney experienced in handling these matters is usually easy. Most lawyers will provide a complimentary initial consultation to evaluate a claim or case and let the person know if they can help.

This consumer protection information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Nefzger PLC.

A Transylvania University student was hit at a crosswalk on campus just before 9:30 a.m. on Friday.

Another student is said to have been driving the car and just did not see the victim.
Police are reporting that the victim sustained head injuries.

The driver will likely face a civil claim for the victim’s injuries. When pedestrians are lawfully in the crosswalk and are struck by a driver not paying attention, the driver can be held liable for the pedestrian’s damages. Even if a pedestrian is not crossing in a crosswalk, if the driver of the car was driving recklessly and contributed to a crash with a pedestrian, the driver can likewise be held liable. In that scenario, both parties will likely share liability for the damages.

Investigating authorities say 49 year old Curtis Becker sustained fatal injuries when he lost control of his Toyota Camry in a curve on Ky. 1054, left the roadway, overcorrected and began sliding into oncoming traffic. A Dodge 3500 truck crashed into the Camry. The truck was driven by an unidentified 66 year old man. He sustained serious injuries and had to be airlifted for emergency care.

Our sympathies and condolences go out to the Becker family. The Becker family and the injured driver of the truck must be asking how and why this happened. Hopefully, a full investigation looks at all potential causes in addition to driver error. Faulty mechanics, design or manufacture flaws and defects and negligent maintenance or repair are just a few of the possibilities. Car and truck wrecks, such as these, also often involved complex questions of law regarding insurance coverage.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

The U.S. Consumer Product Safety Commission (“CPSC”) announced that Hewlett-Packard (“HP”) has agreed to pay a civil penalty of $425,000. The CPSC had alleged that HP knowingly failed to report immediately to CPSC, as required by federal law, that certain lithium-ion battery packs could overheat, posing a fire and burn hazard to consumers.

CPSC alleged that by September 2007, HP knew of about 22 incidents associated with the lithium-ion battery packs. At least two of these incidents resulted in injuries to consumers. HP also was aware that at least one consumer apparently went to the hospital. HP did not notify the CPSC about the incidents or the study until July 25, 2008. By that time, CPSC staff alleges that the firm was aware of at least 31 incidents involving the lithium-ion battery packs.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

A four vehicle pile-up sent two to the hospital last Wednesday, Jan. 18th. Campbellsville Police reported that Sean Nelson had stopped his vehicle in front of the entrance to Taylor County Animal Shelter when he was rearended by Ricky Judd. Judd’s vehicle was then rearended by a 2002 Ford Taurus driven by Andrea Coomer. Coomer’s vehicle was then rearended by a pickup truck driven by Ethen Spencer.

Coomer and her passenger, Stephanie Thomas, 26, of Elizabethtown were transported to Taylor Regional Hospital by Campbellsville/Taylor County EMS personnel. Both were treated and released.

The U.S. Consumer Product Safety Commission, in cooperation with Blount International Inc., of Kansas City, Mo. have announced a recall of its Oregon® Replacement Lawnmower Blades Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

About 950 of the blades in question were sold; the problem being that the replacement lawnmower blades can break during normal use, which obviously poses a problem for anyone who might be standing nearby. There have been a reported seven (7) incidents of the blades breaking, luckily no one has been injured.

The replacement blades are sold under the Oregon® brand name. “Oregon®,” part number “91-003″ and “PA” or “PJ” are printed on the surface of the recalled blades.
They are sold at Independent lawn and garden sales and service stores nationwide from January 2010 through September 2011 for approximately $20.