Personal Injury Blog

By: Allan M. Siegel

On our blog, we closely follow the trucking industry and various legislative efforts that impact public safety. Often, these legislative efforts – whether they involve new proposed regulations, blocking of proposed laws that pose threats to trucking companies and their profits, or rollbacks of pre-existing rules and regulations – are motivated more by profits than concern for safety. For example, we’ve discussed laws and regulatory rollbacks involving:

• The trucking industry’s opposition to electronic logging devices (ELDs).
• Legislative efforts to increase weight limits for commercial trucks.
• The federal government’s announcement to no longer pursue regulations for truckers with sleep apnea.

While there are many efforts that actually seek to strengthen trucking regulations, there are still always initiatives designed to benefit the industry rather than the people with whom their trucks share the road. This is true of a recently proposed bill which would revise current trucking regulations in order to make them more flexible for truckers hauling livestock.

Senate Bills Calls for Lax Livestock Transportation Rules

The “Modernizing Agricultural Transportation Act” introduced in the U.S. Senate last month calls for a number of steps to reevaluate trucking regulations and make it easier for truckers who transport livestock, insects, and other perishable agricultural commodities. The bill calls for a few things:

• The creation of a new Department of Transportation “working” group to evaluate current trucking regulations that impact livestock and agricultural transportation.
• Evaluation of current Hours of Service rules that limit interstate commercial drivers to 11 hours of behind-the-wheel driving, 14 consecutive hours on duty in a 24-hour period, and mandatory 10-hour rest break before they are able to drive again.
• Examination of rules requiring truckers to record their hours driving and on duty using electronic logging devices (ELDs).
• Proposed recommendations within a year of creating the working court to propose any changes to current laws regarding the transportation of livestock.

On its face, the bill may appear like a reasonable move for evaluating current regulations and implementing any needed changes that may hinder trucking companies that transport livestock and other commodities. In fact, many associations and within those industries state that it would allow the Department of Transportation to ensure Hours of Service rules better fit the “realities of transporting animals in a common sense matter.”

However, many safety advocates argue that the true goals behind the legislation would be to make it easier for companies in the trucking and livestock industries to transport their products as quickly as possible – even if it could potentially lead to increased risks of tired truckers and trucking accidents. This would include possible suggestions to suspend electronic logging device requirements for trucks transporting those commodities.

Safety in Commercial Trucking

If there’s one important message about many of the trucking-related legislative issues we cover, it is that they often highlight how the industry prioritizes profits, even when it comes at the expense of public safety, and how they leverage their money, resources, and connections to lobby politicians to support initiatives that benefit them.

Although this is an unfortunate fact found in many industries where corporate powers pull strings, there are still many advocates who do support measures that promote safety and aim for greater accountability. This is true of the recent proposed bill supporting side underride guards on commercial trucks, which can prevent serious injuries in accidents where passenger vehicles slide underneath tractor-trailers.

Even as the trucking industry continues to battle federal regulators and safety advocates who want better protections for the public, trucking companies still have obligations when it comes to obeying current rules and safely operating their rigs. When they fail to do so and victims suffer harm in preventable truck accidents, they can be held liable for damages.

If you have questions about a tractor-trailer accident and how our Washington, DC truck accident attorneys may be able help, please contact us for a free consultation. We handle personal injury cases throughout Maryland, Virginia, and the District of Columbia.

By: Allan M. Siegel

On Tuesday, September 11, 2018, State Farm reached a deal to settle a federal class action lawsuit which claimed the insurance giant funneled money to the campaign of an Illinois Supreme Court candidate who later voted to overturn a $1 billion judgment against the company. The deal will require State Farm to pay $250 million, but will not require the insurance company, which continues to deny the allegations, to admit fault or wrongdoing. A hearing for final approval of the settlement is set for December.

According to the amended complaint, State Farm is alleged to have installed a hand-picked judge on the Illinois Supreme Court by using its influence over and contributions to non-profit organizations such as the Illinois Civil Justice League and the U.S. Chamber of Commerce, to fund the election of Lloyd Karmeier in 2004. The following year, Karmeier voted in favor of State Farm to overturn a more than $1 billion judgment against the company in a consumer fraud case over State Farm’s alleged use of aftermarket parts in vehicle repairs.

As argued by the complaint and many critics, State Farm’s contributions to Karmeier created a quid pro quo (a Latin phrase meaning “a favor for a favor”) between the Illinois Supreme Court Justice and the insurance company. Here are a few important facts about the case and the allegations against State Farm:

• The complaint claimed that State Farm orchestrated as much as $4 million in campaign contributions to Karmeier during his election bid.
• Those campaign contributions allegedly came from non-profit organizations which State Farm had tremendous influence over, including the Illinois Civil Justice League (ICJL), which was created by a State Farm attorney who also hired the organization’s president.
• After the 2005 decision to overturn the $1 billion judgment against State Farm was issued, the class hired a former FBI agent to investigate links between the insurance company and Justice Karmeier. However their request for the court to reconsider the decision to vacate the judgment was denied, prompting some of the plaintiffs from the original class action to bring new claims alleging State Farm, the ICJL, and executives with both company engaged in a conspiracy to conceal the insurance company’s role in Karmeier’s election and committed RICO violations.
• As part of the settlement, Racketeer Influenced and Corrupt Organizations (RICO) and unjust enrichment claims against State Farm will be dropped and the company will admit no wrongdoing.

A Case that Calls for Change

The case against State Farm has garnered widespread attention throughout the country, and is of particular importance during a time when the nation is focused on issues involving campaign financing, and the role of judicial review in our legal system amid the confirmation of a new Supreme Court justice (though justices for the U.S. Supreme Court are appointed by the President rather than elected like those in state courts). In fact, the case has exposed important issues and questions about how significant corporate influence is in public elections, and how it often operates in secret and through the guise of organizations that appear to be advocating for reasons many would support.

As plaintiffs’ attorneys in the case note, the lawsuit sheds a great deal of light on dark money in America, as well as the need for meaningful campaign finance reform. On another level, it also speaks to the self-serving motives of corporate powers that prioritize their financial interests above all else – whether that be supporting the rollback of important trucking safety regulations, supporting legislation to place caps on damages in medical malpractice cases, minimizing payouts to injured victims harmed by their policy holders, or even supporting the election of important judicial and political figures whose plans, or pocketbooks, align with their own.

Having handled cases against major corporations and insurance companies for decades, our legal team at Chaikin, Sherman, Cammarata & Siegel, P.C. is well aware of the power corporations yield and their continued focus on profits over people. It is why we are passionate about our role as advocates for justice, and why we are committed to raising support and awareness for important issues.

By: Allan M. Siegel

Officials from the National Transportation Safety Board (NTSB) and New Mexico State police have reported that nine victims have been killed in a devastating crash between a tractor-trailer and a Greyhound bus that occurred late last month. Most of the 49 passengers aboard the bus also suffered injuries.

According to reports, the crash occurred Thursday, August 30 shortly after noon when a tractor-traveling traveling east on Interstate 40 in McKinley County crossed the center divider and crashed head-on with the Greyhound bus. Witnesses described a horrific collision which caused both vehicles to overturn, as well as dozens of frightened passengers climbing out of windows of the bus. Several of the victims were listed in serious or critical condition, and over 20 people were transported to a local hospital for treatment. The truck driver sustained non-life-threatening injuries.

A team of investigators from the NTSB noted that the Greyhound bus, which departed from St. Louis for Los Angeles, had just made a stop in Albuquerque prior to the crash. Their investigations have noted that the driver of the tractor-trailer lost control when one of the vehicle’s front tires experienced a blowout.

Fatal Truck / Bus Accidents

Authorities and safety officials devote extensive resources to investigating auto accidents involving commercial vehicles and multiple fatalities, not only due to their devastation, but also because there is the potential that systemic failures may have caused them. As we discuss in many of our blogs focusing on truck accidents and bus accidents, commercial truck and bus operators, as well as their drivers and employees, are required to abide by numerous safety regulations. Violations of regulatory rules can place passengers, motorists, and others nearby at serious risk of suffering injury or death in preventable collisions.

When conducting their investigation into what happened, safety officials will pay particular attention to possible signs of regulatory violations, corporate shortcuts, and even failures of product manufacturers (including the manufacturer of the tire which allegedly experienced a blowout prior to the crash) to determine if Thursday’s crash could and should have been prevented. Although there are numerous potential causes of these collisions and many violations that increase accident risks, officials will likely hone in on some of the most notorious factors, including:

• Defective products and auto parts (i.e. faulty tires)
• Failures to properly maintain vehicles and equipment
• Driver error, negligence, distraction, or impairment by drugs or alcohol
• Driver background, driving history, health certifications, and employment procedures
• Cargo securement violations or excessive vehicle weight

The unfortunate truth in accidents as severe as this is that numerous victims and families suffer, often in the most profound and life-altering ways. Investigations and their findings may do little to change this, but they can be critical to assessing what took place, whether accidents could have been prevented, and determining if the failures or negligence of an involved party – whether that’s a driver, trucking company, product manufacturer, or another – are to blame. This in turn would allow victims and families to pursue justice and compensation for their losses through civil personal injury or wrongful death lawsuits, hold at-fault parties are accountable, and help prevent similar tragedies from occurring in the future.

Fighting for Accident Victims

At Chaikin, Sherman, Cammarata & Siegel, P.C., we are always deeply troubled by tragedies like these, many of which involve risks that we ourselves, our loved ones, and everyone on the road face on a daily basis. However, we know from experience that risks can be managed, and that negligence and violations should never be tolerated. As such, our attorneys closely track investigations into major collisions, just as we work closely with investigators and perform our own due diligence in accident cases we handle for our clients. The findings of these reports can further our understanding of what causes devastating collisions and how they can be avoided, and ultimately help victims and families secure the justice they deserve.

Our Washington, DC personal injury attorneys handle all types of accident cases for clients across DC, Virginia, and Maryland. We are always available to help those who would like more information about their rights after a preventable crash, the personal injury process, and how we can help. If you have a potential case you wish to discuss, contact us for a free consultation.

Chaikin, Sherman, Cammarata & Siegel, P.C. is pleased to announce that two of our firm’s Partners – Joseph Cammarata and Allan M. Siegel – have been selected for inclusion in the 2019 edition of The Best Lawyers in America®!

• Joseph Cammarata – Partner Joseph Cammarata was recognized in the 2019 Best Lawyers list in two categories; Personal Injury Litigation and Medical Malpractice Law in Washington, D.C. This dual distinction speaks volumes about Mr. Cammarata’s impressive legal career and the esteem and respect he has cultivated among his legal peers. A dual Board Certified Civil Trial Attorney, Mr. Cammarata has earned national recognition for his tenacity in protecting the rights of clients who have been victimized due to the negligence and misconduct of others, particularly in the areas of serious personal injury, wrongful death, medical malpractice, and brain injuries. Over his career, Mr. Cammarata has litigated against insurance companies, government entities, and even the President of the United States in a number of high profile cases. His reputation as a legal authority make him a much sought after public speaker and guest on numerous national and international networks.
• Allan M. Siegel ­– Partner Allan M. Siegel earned his inclusion in the prestigious Best Lawyers list for his work in Personal Injury Litigation in Washington, D.C. A Board Certified Civil Trial Attorney by the National Board of Trial Advocacy, Mr. Siegel has leveraged his extensive experience and trial skills to help clients prevail in a range of personal injury cases, and recover millions of dollars in compensation for victims and families in matters involving catastrophic injuries, premises liability, truck accidents, brain injuries, and more. Regarded for his legal abilities and passion for the law, Mr. Siegel has held a number of leadership roles in the legal community, including his role as past President of the Trial Lawyers’ Association of Metropolitan Washington, DC, District of Columbia Delegate to The American Association for Justice, and spoken nationally on the topics of traumatic brain injury, and trucking litigation.

Inclusion in The Best Lawyers in America publication is regarded as one of the highest honors in the legal profession, and is a distinction that speaks to not only the record of success attorneys have earned throughout their careers, but also the reputation they have cultivated among their colleagues and peers. In fact, Best Lawyers is known for being a strictly peer-review-based accolade that utilizes a rigorous selection process consisting of peer nominations, independent research, and third party evaluations to curate its final listings. Those who do earn inclusion in a given practice area and geographic location are recognized as the top legal minds in their field, a distinction apt for Partners Cammarata and Siegel, both of whom have been recognized throughout the years in many other prominent publications, including Washington, DC Super Lawyers Magazine (which recognizes just 5% of practicing lawyers in the region), and Washingtonian Magazine’s list of Washington’s “Top Lawyers.”

Our firm congratulates Partner Joseph Cammarata and Partner Allan M. Siegel on this impressive accomplishment. We invite you to learn more about their backgrounds and record of success on their individual attorney bios, or to discuss a potential personal injury case anywhere in Washington, DC, Maryland, or Virginia by contacting us for a free consultation.

By: Allan M. Siegel

The nursing home selection process can be difficult for families who want to ensure their elderly loved one will receive the support and care they deserve, especially with so many options to choose from. To help these families, the U.S. government’s Centers for Medicare and Medicaid Services (CMS) provides an online tool that rates nursing homes across the country on their abilities to provide care that meets the medical, physical, and emotional needs of residents. Unfortunately, as recently released federal data has revealed, those numbers may not have always been an accurate reflection of what really took place in these facilities.

According to a report from Kaiser Health News, which reviewed federal payroll records Medicare has only recently begun gathering and publishing, U.S. nursing homes may have been capitalizing on Medicare’s system for self-reported and unverified staffing numbers by exaggerating staffing statistics reported to the federal government. Here are few important findings from that review:

• The data, which consisted of payroll records from over 14,000 nursing homes nationwide, showed that most nursing homes in the U.S. gamed the CMS’ five-star rating system by over-reporting information about staff.
• According to experts and federal regulators, the numbers reveal significant gaps and lapses in how many employees are actually on duty as compared to the numbers reported by nursing facilities. This is especially true during nights and weekends, even though the needs of residents remain constant throughout the week.
• Data showed many nursing homes with positive CMS ratings had questionable staff-to-resident ratios. One facility in particular, for example, had a ratio of just one caretaker per every 18 residents during its lowest staffing times.
• In addition to low staff-to-resident ratios, the data also revealed that there were significant gaps in the numbers of licensed nurses on duty in nursing homes, especially during nights and weekends.

The recent report and revelation have caused ample concern, particularly among U.S. families who have elderly loved ones living in these facilities and those who are just now considering their options. In an effort to change that, CMS has announced that it has revised ratings for nursing homes based on staff, and will utilize the new data it collects from payroll records to verify staffing rates and on-duty nurses.

Nursing Home Injuries: Risks Posed by Inadequate Staffing

Nursing homes owe a “duty of care” to their residents, which means they are legally obligated to take reasonable steps that ensure their health and safety. One of the most effective means for achieving this is by ensuring adequate staffing numbers, for both aides and licensed medical professionals. Unfortunately, as the numbers have recently shown, inadequate staffing may be more common than we think – which is an issue that puts residents at risk of suffering preventable injuries as a result of nursing home abuse and neglect.

Below, we discuss a few reasons why inadequate staffing in nursing homes can pose risks to residents:

• Neglect – An insufficient number of staff on duty can put residents at risk of preventable harm that arises from neglect. This can include risks involving residents who are unable to obtain the care they need from overburdened workers who must take on additional tasks in the absence of available team members. For example, a lack of staff can lead to malnutrition or dehydration among patients who don’t receive the basic essentials they need on a daily basis, as well as injuries or illnesses like bed sores and infections when staff are unable to provide care that addresses their hygiene, or need for movement and readjustment (when they are bed stricken).
• Medical Issues – Many residents in nursing homes are in declining states of health, and have unique medical needs that nursing homes are obligated to address as part of their personal care plans. Without enough staff, nursing home caretakers and nurses are less likely to provide the medical care residents need, especially when it comes to remembering and helping residents take needed medications, monitor their health, and obtain other courses of treatment. A lack of staff also make residents more susceptible to injuries and illnesses, as well as a worsening of those injuries when left unaddressed or when treatment is delayed. In some cases, it can also lead to non-professional caretakers administering treatment nurses or doctors should be providing.
• Medical Emergencies – Insufficient staff also increases risks when it comes to medical emergencies. This is true not only when staff do not find out about emergencies and delay treatment for patients, such as when an unattended resident falls and staff are unaware, but also when there is an insufficient number of nurses or medical professionals on duty to immediately address emergencies effectively.
• Abuse – While they may not be as direct as risks involving neglect and medical emergencies, risks for physical abuse can also increase as a result of inadequate nursing home staffing. That’s due to overburdened staff being more susceptible to fatigue, stress, and other adverse issues that may cause them to mistreat or abuse residents physically, emotionally, or otherwise. Overworked staff are also less likely to spot warning signs that may indicate a resident is being physically, sexually, or emotionally abused by a fellow staff member or resident.

At Chaikin, Sherman, Cammarata & Siegel, P.C., our Washington, DC personal injury lawyers are very familiar with the risks nursing home residents and other individuals face as a result of insufficient staffing – whether that involve too few caretakers or nurses at an assisted living facility or child day care, inadequate security at a public business or nightclub, or not enough safety personnel or lifeguards at places like a public pool or amusement park. Our broad range of experience in these cases may involve unique facts and circumstances that can differ from case to case, but always generally focus on the failures of those in charge to take steps that protect individuals to whom they owe a duty of care.

If you have questions about nursing home injuries and would like to discuss your rights when it comes to pursuing a civil lawsuit over nursing home abuse or neglect, our legal team is here to help. We proudly serve clients throughout the District of Columbia, Maryland, and Virginia, and offer FREE consultations. Contact us today to speak with a member of our team.

By: Allan M. Siegel

Recently, we’ve blogged on accidents involving swimming pools and shared information about the rights of victims who suffer preventable harm, the rights of families who suffer profound losses due to fatal swimming pool accidents and drownings, and who can be held liable when accidents are deemed preventable. While these types of accidents can happen to anyone at any time – especially when others are negligent – they unfortunately often involve young children. In fact, statistics from the U.S. Centers for Disease Control and Prevention (CDC) show that children face the greatest risks when it comes to unintentional drowning and near-drowning incidents:

• Children ages 1 to 4 have the highest drowning rates among all individuals
• Most drownings involving children ages 1 to 4 occur in home swimming pools
• Roughly 1 in 5 victims who die as a result of drowning are children ages 14 and younger
• For each drowning-related child death, another five children request emergency treatment for nonfatal submersion injuries

Recently, American alpine ski racer Bode Miller and his wife have spoken out about the death of their 19-month-old daughter, who tragically drowned in early June after she fell into a neighbor’s pool. In addition to discussing the tremendous pain they have endured and their emotional journey, they have also taken the helm in leading efforts to raise awareness about pool accidents involving children and ways to prevent similar drownings.

Prevention: Pool Safety Tips for Children

The Millers’ selfless choice to share their tragedy can help others better understand the importance of making safety a priority when it comes to swimming pools, especially pools owned by private individuals. Because most drowning accidents involving young children occur in private swimming pools at residential homes, our legal team at Chaikin, Sherman, Cammarata & Siegel, P.C. wanted to provide some helpful safety tips for keeping children safe in and around pools and preventing drowning accidents.

These tips and drowning prevention strategies are based on significant research from experts, and recommendations from agencies like the CDC.

• Swimming Skills – Formal swimming lessons have been found to reduce drowning risks among young children. Teaching your children how to swim on your own is a good start, but experts recommend that you enroll your child in formal swimming lessons offered in your local community. This lessons are often available through youth organizations, park and rec services, and other community facilities. Remember that even if your child does receive swimming lessons, supervision and other safety procedures are still vitally important.
• Learn CPR – In situations involving drowning and submersion, seconds matter. By learning CPR, you can help save lives and improve outcomes in drowning victims before emergency crews arrive. The more quickly CPR is administered, the better the chances of improving outcomes. Look for CPR certification courses in your local community for added safety.
• Supervision In and Around Water – Supervision is essential any time children are in or around a swimming pool, so be sure to watch your children or designate a responsible adult when they’re near pools. Supervising adults should also avoid distractions while monitoring children in pools, even when lifeguards are present, as drowning can occur quickly and quietly.
• “Touch Supervision” for Young Children – Supervisors of young child, particularly those of pre-school age, should focus on “touch supervision,” which means being close enough to reach a child at all times.
• Use the Buddy System – Experts strongly encourage all individuals to swim with a buddy, even if swimming takes place at pools where there are lifeguards on duty.
• Install Four-Sided Fencing – If you have a pool at your home, you should install four-sided fencing or gates to completely separate the pool area from the house and the yard. Fences should be at least 4 feet tall and use self-latching or self-closing gates that open outward and have latched beyond the reach of children. Using locks can also help prevent unsupervised access to the pool.
• Keep Pool Areas Clear of Toys – Pool decks should always be kept clear of pool toys and other objects to prevent accidents that may result in drowning, and to ensure children are not tempted to enter a pool area without supervision. Consider storing all pool toys safely in a container or box for safe keeping.
• Air-Filled / Foam Toys are Not Safety Devices – Life jackets are the most effective safety device you can use to reduce drowning risks. Air-filled or foam toys such as water wings, tubes, or noodles are not safety devices and should not be used in replacement of a life jacket.
• Don’t let children hyperventilate or hold they breath for too long – Children often play in swimming pools by holding their breath for long periods of time, but hyperventilating before swimming underwater or holding one’s breath for too long can cause swimmers to pass out. This is known as hypoxic blackout, or shallow water blackout.

Preventing drowning accidents begins with knowing the facts and taking all necessary steps to ensure safety – from teaching your children to swim to securing pool areas using fencing. Unfortunately, our legal team knows that preventable drowning accidents can and do often occur when children are left unsupervised, property owners fail to take steps to ensure safety, or responsible adults are negligent.

At Chaikin, Sherman, Cammarata & Siegel, P.C., our legal team has handled cases involving child injuries and drowning accidents at private swimming pools. In fact, Partner Joseph Cammarata is currently handling a wrongful death case involving a drowning at a public pool. If you would like more information about your rights after a swimming pool accident or drowning, and learn how our team can help, please contact us for a free consultation.